Eldredge Law Firm
Free Initial Consultation
Call Now
682-990-2073
Menu Contact
View Our Practice Areas

Default Template

11-1-2016 9-06-12 AM.jpg

$300 Million Jury Verdict Delivered Against Apple - Should You Be Worried About FaceTime and iMessage?

On Friday, September 30, a jury in the Eastern District of Texas hit Apple with a verdict that ordered them to pay over $300 million in damages to VirnetX, a Nevada-based patent licensing company describing itself as an "Internet security software and technology company with patented technology for securing real-time communications over the Internet including 4G LTE security." This award stems from a jury instruction to determine damages for infringement of two patents and determine infringement and damages of two more patents. The patents in question were originally assigned to VirnetX by Science Applications International Corp. in 2006.

This is actually the third jury verdict VirnetX has captured against Apple. VirnetX originally filed a patent infringement suit against Apple in 2010, claiming Apple infringed four of VirnetX's patents by using the technology in its FaceTime application. In 2014, the original damages award of $368.2 million was overturned by the Federal Circuit because of an issue with the jury instruction. After a remand, the suit was combined with another, and VirnetX received a verdict of $625.6 million. This award was voided in July because of repeated references to the earlier case, and the Honorable Robert Schroeder thought these references may have affected the jurors.

While this award may seem large, VirnetX was originally seeking something much bigger. In May, VirnetX asked the Texas court to order Apple to cease providing its FaceTime and iMessage applications. As you can tell by the blue messages on your iPhone, VirnetX has so far been unsuccessful in this request. Similarly, as of this afternoon, FaceTime still worked as well. However, it is important to note that the September 30 verdict only relates to the FaceTime technology. VirnetX has a second lawsuit filed against Apple over technology in its iMessage applications and security.

If history is any indication, Apple is likely going to be on the hook for a steep damages award in its iMessage trial. VirnetX would not have won over three separate juries, to the tune of $368 million, $625 million, and $300 million, if it did not have very convincing facts on its side. On the other hand, the eastern Texas jury was unwilling to ask Apple to stop providing its FaceTime feature. It looks like our blue messages are safe.

Sources:

http://fortune.com/2016/10/02/apple-loses-patent-to-virentx/

https://www.virnetx.com/about/

https://9to5mac.com/2016/05/26/patent-troll-facetime-imessage/

No Comments

Leave a comment
Comment Information

Learn More About How We Can Help Your Patent

Email us for a response

Get A Free Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Eldredge Law Firm is a Nationwide Intellectual Property Practice

We have convenient offices in Fort Worth, Plano, Mansfield, Allen and Arlington, Texas. We also have offices in Salt Lake City and Sandy.

Plano Office
5068 W. Plano Parkway
Suite 300
Plano, TX 75093

Toll Free: 800-653-6423
Phone: 682-990-2073
Phone: 214-306-9771
Map & Directions

Fort Worth Office
777 Main Street
Suite 600
Fort Worth, TX 76102

Toll Free: 800-653-6423
Phone: 682-990-2073
Phone: 817-406-5919
Map & Directions

Mansfield Office
990 Highway 287 North
Suite 106-199
Mansfield, TX 76063

Toll Free: 800-653-6423
Phone: 682-990-2073
Phone: 817-406-5919
Map & Directions

Allen Office
1333 McDermott Drive
Suite 150
Allen, TX 75013

Toll Free: 800-653-6423
Phone: 682-990-2073
Phone: 214-306-9771
Map & Directions

Arlington Office
2000 East Lamar Boulevard
Ste. 600
Arlington, TX 76006

Phone: 817-406-5919
Map & Directions

Denver Office
600 17th Street
Suite 2800
Denver, Co 80202

Map & Directions

Sugar Land Office
3 Sugar Creek Center Blvd
Suite 100
Sugar Land, TX 77478

Phone: 713-234-1364
Map & Directions

Dallas Office
8117 Preston Road
#300
Dallas, Texas 75225

Map & Directions

Denver Office
7900 E. Union Ave
Suite 1100
Denver, CO 80237

Map & Directions

Houston Office
11811 North Fwy
Suite 500
Houston, TX 77060

Phone: 713-234-1364
Map & Directions

Austin Office
2021 Guadalupe Street
Suite 260
Austin, TX 78705

Map & Directions

Dallas Office
3131 McKinney Ave.
Suite 600
Dallas, TX 75204

Map & Directions