Apple Won’t Get Rehearing in VirnetX Patent Infringement Battle Dating Back to 2010, Court Rules

Apple will not be able to get a rehearing in its ongoing patent battle with VirnetX to argue that the patents it is accused of infringing are invalid, reports Bloomberg.The U.S. Court of Appeals for the Federal Circuit today rejected Apple’s request to reconsider a November ruling that confirmed Apple infringed on two VirnetX patents.

The patent dispute between VirnetX and Apple dates back to 2010 when VirnetX accused Apple’s FaceTime feature of infringing on its intellectual property, and there are multiple lawsuits involved.

In this particular case, VirnetX was awarded $502.6 million in April 2018 after a court ruled that Apple’s FaceTime, iMessage, and VPN on Demand features infringed on four VirnetX patents related to communications security.

An appeals court later reexamined the ruling and determined that Apple had infringed on two VirnetX patents, but the other two counts were reversed in November 2019 and the $502.6 million award was vacated. The case was sent back to a lower court to determine whether revised damages can be calculated or if there will be a new damages trial, but the ruling was ultimately in favor of VirnetX.

At this time, with Apple’s request for a rehearing on patent validity denied, Apple and VirnetX are awaiting details on the new damages Apple will be required to pay.

In a separate case, Apple was ordered to pay $440 million to VirnetX for similar patent infringement issues. Apple appealed that ruling multiple times as well, but an appeals court in January 2019 ruled in VirnetX’s favor, leaving Apple responsible for a $440 million patent infringement fee.

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