The Virnetx v. Apple patent battle has been running since 2010. Virnetx won its first verdict against Apple in 2012. The court in that case required two more jury trials — but Virtnetx won all three and the $300 million damage award is pending appeal before the Federal Circuit.
Apple redesigned its FaceTime and VPNOnDemand products back in 2012. Rather than adding the redesigns to the original case, Virnetx filed a new lawsuit (2012). In April 2018, a jury awarded an additional $500 million in damages and found that Apple’s infringement was willful.
Now, Judge Schroeder (E.D.Tex.) has issued his post-trial opinion that confirms the verdict and damage award (with interest), but refuses to grant any injunction or enhanced damages for willfulness. In particular, the court found no irreparable harm due to ongoing infringement; and – on willfulness – was pursuaded (despite the jury verdict of willfulness) that “Apple maintained a good faith belief that its redesigns did not infringe.” The court did grant an ongoing royalty of $1.20 per unit – which was the standard royalty rate set by the jury for back damages.
Read the decision here: Apple500Loss. This case will certainly be appealed.