Claims decision contradicts statutes, Supreme Court precedent
Patent holding firm VirnetX has filed a motion with the US Court of Appeals for the Federal Circuit, requesting a rehearing of a September decision tossing a $368.2 million verdict against Apple, and asking it to reinstate a District Court's damages award in full. In a press release, VirnetX says the decision was "contrary to the patent statute and Supreme Court precedent." It also asserts that it should receive damage payments on the basis that the District Court properly construed the claim term "secure communication link."
Virtual private networking used in FaceTime infringed VirnetX patents
Last week, the US Federal Court of Appeals in Washington, DC threw out a jury award of $368.2 million to patent holder VirnetX. While the court agreed that some patents were infringed by Apple, the appeals court ruled that incorrect jury instructions were doled out by the judge, which tainted the jury when it determined the damage award.
Apple argued some VirnetX claims were too vague
US District Judge Leonard Davis has issued pre-trial rulings blocking Apple attempts to preemptively invalidate some VirnetX patent claims, and in other cases use invalidity as a defense, reports say. For the former, Apple's argument had been that many of VirnetX's claims are too vague to justify patenting, including the use of terms like "secure name service," "secure name," or "unsecured name."
May be sign of behind-the-scenes talks with VirnetX
Apple has partially reversed course on its decision to change the way iOS 6 handles VPN connections, a modified Apple support document reveals. "Apple no longer plans to change the behavior of the VPN On Demand feature of iOS 6.1 for devices that have already been shipped. The 'Always' option will continue to work as it currently does on these devices," the company says.
New firmware expected later this month
A forthcoming version of iOS will change the way the OS handles VPN connections, according to a support document on Apple's website. On devices with VPN On Demand, the "Always" setting will instead behave as if it were "Establish if needed." In essence, VPN On Demand will only be established if iOS can't resolve the DNS name of a host. The new firmware is scheduled to appear sometime this month.
Demand for $258 million in damages rejected by jury
Cisco has won in a patent infringement trial against patent-licensing firm VirnetX. A jury in a Texas court found in favor of Cisco Systems, confirming that it did not infringe on VirnetX Holding Corp's patents relating to secure network communications, and rejecting a demand from VirnetX for $258 million in damages.
Apple must pay additional $330K per day until case details settled
A US District Court has upheld an earlier judgment which awarded VirnetX over $368 million in its patent infringement lawsuit against Apple, Seeking Alpha reports. Apple has been denied a request for a new trial, and must now moreover pay VirnetX $330,211 per day until royalties and other details are settled. The two parties have 45 days to come to their own royalty agreement before Judge Leonard Davis intervenes.
Post-trial hearing after VirnetX victory
Apple has been ordered to provide updated sales data in the wake of VirtnetX's November lawsuit victory, the latter has announced. At a post-trial hearing earlier today, the US District Court for the Eastern District of Texas Tyler Division asked Apple to submit data for several products, such as the iPhone 5, even though some of them weren't cited for patent infringement in the trial. The information is needed for VirtnetX request for judgment, and a January 15th deadline has been set.
Dispute expands to iPhone 5 and iPad mini
VirnetX has filed a second lawsuit against Apple, kicking off a new legal battle just hours after the patent holding company won a $368 million patent-infringement judgement for technology used in iPads, iPhones and Mac computers. The fresh filing expands the litigation to include Apple's latest devices, such as the iPhone 5, fifth-generation iPod touch, fourth-generation iPad, iPad mini and latest Mac computers.
Apple suffers $348 million court room loss to VirnetX in Texas court
Apple has lost a patent dispute with patent troll VirnetX and has been order to pay $368 million in damages, reports AllThingsD. The case stems back to April last year when VirtnetX accused Apple of infringing its US Patent No. 8,05,181 for a “Method for Establishing Secure Communication Link between computers of Virtual Private Network.” VirtnetX has also filed a similar complaint with the ITC arguing that Apple’s iPhone, iPad and Mac lines also violate its patents.
Remaining defendants scheduled for trial in early 2013
Patent troll VirnetX announced that at a pre-trial scheduling conference, jury selection in its trial against Apple will begin on October 29, with a jury trial commencing on October 31. Remaining defendants Cisco, Avaya, and Siemens are scheduled for jury selection on March 4, 2013.
Company tries to work around previous dismissal
VirnetX has refiled a complaint with the US International Trade Commission against Apple, according to an announcement. The new filing is being made jointly with Science Applications International Corporation, and is meant to deal with a "procedural standing issue" that led the ITC to dismiss the previous complaint. The iPhone 5 is now also included. VirnetX is asking the ITC to investigate Apple's imports, and eventually hand down orders banning them, and blocking any US sales of allegedly patent-infringing products.
VirnetX tries to force cash settlement through ITC
VirnetX revealed on Monday that its latest lawsuit against Apple was being joined by a matching International Trade Commission dispute. The complaint touches on the same VPN-related patent used in the main lawsuit and which VirnetX has tried to wield against large parts of the technology industry. It hopes not just to ban future iPad, iPhone, iPod, and Mac sales but to stop all marketing and sales around whatever is currently in stores should it win.
VirnetX claims iOS, Mac infringe just-granted tech
Frequently labeled as a patent troll, VirnetX on Tuesday launched one of its more aggressive attacks by suing Apple (below) over a patent it had only just been granted. The company, which has sued Apple before, alleged that "at least" current iOS devices and Lion-equipped Macs were violating some claims of a patent for a "Method for Establishing Secure Communication Link Between Computers of Virtual Private Network," or a standard VPN connection. The patent had been granted just the same day, suggesting that the aim of the patent was only to sue others for profit.
iPad 2 joins list of targeted products
VirnetX is expanding the scope of lawsuits targeting several major technology corporations, according to an announcement. The company has won a new patent from the USPTO, Agile Network Protocol for Secure Communications Using Secure Domain Names, which it is amending to complaints in two separate suits. The first case lists Aastra, Apple, Cisco and NEC as defendants; the second is leveled against Mitel and Siemens.
VirnetX tries to profit on Apple's back
VirnetX continued its attempts at making lawsuits its business model by filing a patent complaint late yesterday against several technology companies. Aastra, Apple, Cisco and NEC have been accused of violating five patents relating to secure communications without having to input information. The Tyler-based, Eastern District of Texas suit alleges that all of Apple's iOS devices, as well as VoIP phones from the other companies, are copying technology patented between 2002 and 2009.
Microsoft pays $200m settlement to VirtnetX
Microsoft has settled two lawsuits filed against it by VirnetX for $200 million. The Windows developer will now get a patent license from VirnetX relating to the VPN networking capability of Windows 7 and Windows Server 2008 operating systems. In mid-March, Microsoft was ordered to pay nearly $106 million to VirnetX for infringing the VirnetX patents.
Wi-LAN still trying to use lawsuits as business
Wi-LAN on Thursday continued its practices of using lawsuits in place of business by filing a new complaint against a large portion of the technology industry. The suit alleges that major electronics manufacturers, including Acer, Apple, Dell, LG, Sony, Toshiba and 12 other distinct companies, are violating a patent relating to Bluetooth use. Their cellphones, computers and network devices all copy the technology, the Canadian-based accuser said.
MS told Win 7, Win Server 2008 also infringing
Microsoft suffered its second legal setback in as many days on Friday with word of a second patent lawsuit from VirnetX. The accuser hopes to expand on the $105.8 million fine against Microsoft by claiming that Windows 7 and Windows Server 2008 also infringe on the same patents for VPN networking that were the subject of the prior lawsuit. VirnetX didn't specify what it hoped for in damages but characterized the second complaint as plugging a gap that would otherwise exempt newer versions of Windows.
VirnetX wins claim against Microsoft suit
Microsoft has suffered its second legal blow this year with a loss in a patent infringement lawsuit. Judge Leonard Davis ordered the Windows developer to pay $105.8 million for allegedly violating two VirnetX patents for VPN networks, including "transparently" creating a computer-to-computer connection and using a secure DNS server to create a link. The technology had supposedly been used in platforms from Windows XP through to Vista as well as Office and services like Windows Messenger.