While the Federal Appeals Court has just Thrown out the VirnetX Award Against Apple, VirnetX Files a new case Against Apple
In November 2012 we reported that Apple lost their FaceTime Patent Lawsuit to VirnetX. A US court had ruled that Apple should pay damages to a Connecticut-based company because its FaceTime video chat tool had infringed the firm's patents. VirnetX was awarded $368.2 million. The sum was about half the amount VirnetX had originally demanded. Today a federal appeals court threw out a jury order requiring Apple to pay VirnetX Holding Corp the original amount of $382.2 million. Shares of VirnetX plunged as much as 59.8 percent after the decision by the U.S. Federal Circuit Court of Appeals in Washington.
Apple immediately filed an appeal in November of 2012 after losing their case. While agreeing that some patents were infringed, the appeals court said the verdict was tainted by incorrect jury instructions from the trial judge on how to calculate damages, and that the error was not harmless. More on this story could be found in Reuters' report.
But the story really isn't over yet as you can see below. Last Friday VirnetX filed another lawsuit against Apple. At first glance it's a complicated one with counter defendants and movant.
So while the latest news is positive for Apple, it appears that VirnetX is not about to roll over just yet.