Apple loses patent suit against VirnetX and has to pay $439 million

An American judge has ruled that Apple must pay more than 372 million euros because of violating patents of the internet security company VirnetX. It concerns four patented technologies that would have been used in, among other things, FaceTime.

The case has been going on since 2012, and Apple was previously ordered to pay more than $300 million in damages. However, this amount has now been increased to $ 439 million, because Apple has knowingly infringed the patents, according to the judge.

According to VirnetX, that means that Apple now has to pay 1.80 per iPhone, iPad or Mac instead of $1.20. According to the judge, these devices infringe several VirnetX patents via Facetime, Apple’s VPN on Demand and iMessage, with the central theme being setting up secure communications and networks. Including interest and the reimbursement of attorneys’ fees, the compensation amounts to the higher amount mentioned.

In 2012, VirnetX also won a lawsuit from Apple; the company successfully claimed $368 million plus one percent of iPhone and iPad sales related to the Always feature. Apple, however, appealed, after which VirnetX still caught. That same year, VirnetX filed another lawsuit against Apple, alleging patent infringement by the iPhone 5 and the then most recent iPad and iPad mini. Judgment has now been handed down in this case.

Apple has told TechCrunch it plans to appeal the ruling. Incidentally, the US Patent Office has declared all known patents of VirnetX invalid. For the time being, however, that has no effect, because VirnetX can appeal against that declaration of invalidity.