Verdict in Apple v. VirnetX IV – $502.8 million

A Tyler jury in Judge Schroeder’s court returned a verdict yesterday in the latest VirnetX trial against Apple.  It found that Apple’s FaceTime and VPN On Demand infringed four VirnetX patents and set damages at $502.6 million.  It comes back today to begin the willful infringement portion of the trial. The first VirnetX trial in 2012 resulted in infringement and an award of $368 million for older Apple products.  The Federal Circuit affirmed the infringement finding but required a new trial on damages. Judge Schroeder combined the damages retrial on the older products with the soup to nuts trial on newer products in February 2016, which resulted in a $625 million verdict. Apple convinced him to set that combined verdict aside, thus requiring the two cases to be retried separately. On the older products damages retrial the jury found $302 million, which the Court later enhanced to $439 million, and that verdict is on appeal – and now the second verdict on the newer products is $502.6 million.  So the separate trials yielded verdicts of $804.6 million before enhancement, compared to the consolidated trial in 2016 of $625 million. How much of that is attributable to post-February 2016 sales I do not know.

Verdict in Marshall patent case

A Marshall jury in Judge Rodney Gilstrap’s court rendered a verdict Friday afternoon in a patent trial involving side scan sonar technology.  (Whether it involved this image of the German aircraft carrier Graf Zeppelin at the bottom of the Baltic Sea I can’t say, but as the plaintiff is a Norwegian company, I like to hope that it did, because as side scan sonar images go, it’s pretty cool). The verdict is interesting because the damages award includes components for a running royalty (as opposed to a lump sum) and lost profits as discussed below.