Update – Patent troll: Apple is not done with VirnetX!

For several years now, a legal battle is keeping Apple busy. The firm must in fact face companies that attack it forpatent infringement. While this is nothing extraordinary, it is, however, a real ordeal when certain companies specialize in this type of trial. We then call thempatent troll*.

VirnetXis one of those. The company, based in Nevada where theCES, has in fact become a master in the art of asking for financial compensation when big names like Microsoft or Cisco market solutions integrating technologies similar to those to which it holds the rights.

Continuation of the affair

Started around ten years ago now, the fight between VirnetX and Apple finally ended in a court decision against the Californian brand. Concretely, the latter was awarded damages of…439 millionsof dollars. Just that.

Except that, problem: this judgment would be erroneous, according to Cupertino lawyers. This opinion is based on two major reasons:

  • theRisingcalculated is based on the price of a complete iPhone and not just on the iOS features covered by the patents
  • the patents have since beeninvalidatedby the USPTO (American national body responsible for their registration)

Andappelwas therefore filed by the lawyers in charge of the case on the accused side. All we have to do is wait for the result... If the story ends there.

Updated February 11, 2020: the sentence is irrevocable

Thejudgementfinally fell today, after long months of conflict: Apple is indeed ordered to pay damages to VirnetX. There will be no additional trial. On the other hand, the amount of the transaction remains to be validated and will be discussed again in some time... But what is certain is that it will remain steep even for a company worth more than 1,000 billion. And thatpatent trolls still have a bright future ahead of them.

*ofpatent, “patent” in English andtroll, designating behavior intended to create controversy online

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By : Keleops AG