Apple plans to appeal $439.7 million loss to patent troll

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FaceTime
VirnetX strikes again!
Photo: Apple

Apple has been ordered to pay a patent troll $439.7 million after losing the final ruling in the case being heard by the US District Court.

The legal battle between Apple and VirnetX is far from over though the company says. Even though it lost the ruling related to patented technology used in FaceTime, Apple says it plans to appeal the court’s ruling.

Apple and VirnetX have been sparing in courts since 2010. The first case ended with Apple being ordered to pay $368 million. VirnetX then filed a second lawsuit in 2012 which is the one being ruled on now.

Apple vs VirnetX

VirnetX makes most of its money by licensing patents and litigating against high profile tech companies like Apple, even though the company doesn’t create any of its own hardware or products. Apple told the Verge it plans to appeal the case.

Apple was found to be willfully infringing on VirnetX’s patents related to FaceTime and iMessage technology. The judge decided to increase Apple’s fee per infringing device from $1.20 to $1.80. Apple also has to pay all of VirnetX’s legal fees.

“We are elated with the Court’s Final Judgement of $439 million in that not only did it affirm the jury’s verdict of $1.20 per infringing iPhone, iPad and Mac Product, but also added for willful infringement, interest and attorney fees. This is the third time a jury has ruled in our favor against Apple,” said Kendall Larsen, VirnetX CEO and President.

Apple has remained quiet about the case. Even though $439.7 million is a super-affordable fine to Apple, the company is continuing the battle on a matter of principle because it doesn’t agree with VirnetX’s business. Meanwhile, VirnetX’s CEO says the ruling will “greatly assist us with our domestic and global licensing efforts.”