A jury has ordered Apple to pay $302.4 million to VirnetX Holding Corp. after it found that the tech giant's FaceTime feature infringed on the VirnetX's patents related to secure communications. The case will now go to the United States Court of Appeals for the Federal Circuit in Washington, DC.
Virnetx is a communications technology company founded by a group of employees at the Science Applications International Corp. (SAIC) which developed security technology for various federal agencies. However, the company is regularly described as a patent troll, making most of its revenue through licensing the patents that it holds. The company has instigated lawsuits against Microsoft and Cisco.
This is the third trial between the two companies
This is the third time that Apple and VirnetX have gone to court over this issue. In 2010, VirnetX sued Apple, alleging that it had infringed on four patents. While the court ordered that Apple pay $368.2 million to VirnetX’s, the suit was thrown out by the US Court of Appeals. A second trial earlier this year resulted in another win for VirnetX, but a trial judge overturned the $625.6 million fine for Apple in July.
VirnetX won’t see this payout right away. The case will now go to the US Court of Appeals for the Federal Circuit in Washington, DC, according to Bloomberg. The court has a long history of ruling on patent cases, and will examine the case according to two standards to determine whether or not Apple infringed on the patents: the one used by the US Patent and Trademark Office, as well as the one used by the District Court in Texas. The court will need to find that Apple has violated both standards in order to award the fine to VirnetX.