Apple secures COVID-19 delay in VirnetX retrial

A Texas federal court has delayed  Apple’s patent retrial with  VirnetX due to the prevalence of COVID-19 in the state.

A jury retrial is being held at the US District Court for the Eastern District of Texas, after the  US Court of Appeals for the Federal Circuit cancelled a $503 million damages award for VirnetX last November.

The $503 million award was based on the finding that Apple had infringed four VirnetX patents covering network security.

But the Federal Circuit ruled in November that Apple did not infringe two of the patents, and sent the case back to the district court for a retrial on damages.

The retrial was scheduled to begin next Monday, August 17, but Apple pushed for a delay owing to the COVID-19 pandemic.

VirtnetX dismissed Apple’s motion as “fearmongering”, citing security measures implemented by the court.

But Judge Robert Schroeder has now granted a delay until October 26, when the trial was originally set to conclude, citing “good cause for a continuance”.

In an order issued yesterday, August 10, Schroeder noted the current COVID-19 outbreak in eastern Texas and said “its importance is not outweighed by VirnetX’s alleged prejudice”.

Schroeder sits in the Tyler Division of the Eastern District, where he noted three counties rank in the top-30 for active COVID-19 cases in all of Texas.

Apple also sought a delay in a separate patent lawsuit, involving  PanOptis, in the same district, but was unsuccessful.

In that case, Judge Rodney Gilstrap ruled that the safety measures introduced by the court were sufficient, and that the trial should go ahead as planned.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.