Apple to pay $439.7 million for infringing VirnetXs' patented technologies

Today the US Court ruled that Apple has to pay nearly $440 million for the very same patents, used in FaceTime and other iOS apps.

According to an order unsealed Friday, U.S. District Judge Robert W. Schroeder III increased the damages by $41.3 million, upping the per-device payout for a period during which Apple was found to have willfully infringed the patents.

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Apple reportedly plans to appeal the Court's decision on the case, and if the Court rules in their favor, they could substantially reduce the amount of money they have to pay or even be left off the hook legally and financially.

In a statement released yesterday, October 16, VirnetX announced the $439.7 million final jury verdict, which includes wilful infringement, interest and attorneys' fees.

One of the significant takeaways from this case is not just the amount that Apple has been ordered to pay, but the precedent that it will set for VirnetX and other companies that are looking to set patent licensing deals - or patent infringment suits - related to security technology.

If a different jury says they, in fact, are not liable for payment to VirnetX over the FaceTime patents, then it is all clear for Apple until the other party decides whether or not to pursue further legal counteraction. "We believe this established per device rate for security is very reasonable and will greatly assist us with our domestic and global licensing efforts". He also ruled that Apple's continued infringement after the first verdict in 2012 could not be justified and therefore must be considered willful.

Apple also created conflicts on the eve of trial, by hiring a jury consultant who used to work for VirnetX during the first trial, as well as a former VirnetX appellate counsel.

Apple didn't respond to a request for comment from Ars.

VirnetX is a publicly traded patent-holding company, the kind of business often derided in the tech sector as a "patent troll". VirnetX has been known to make money out of filing patent infringement suits. Microsoft ultimately paid $200 million to the patent troll. However, VirnetX may have more trouble winning lawsuits going forward.

Indeed, other tech giants have lost cases to VirnetX, too.

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