SCOTUS shoots down Apple appeal plea in $439m dispute
The US Supreme Court yesterday, February 24 rejected Apple’s request for the court to consider the technology company’s appeal in its dispute with software developer VirnetX.
VirnetX has been engaged in a decade-long fight with Apple over the infringement of its patents, which cover enabling and securing real-time communications over the internet.
Kendall Larsen, VirnetX CEO and president, said: “It has taken us ten long years, four successful jury trials, two successful appellate court rulings and a favourable Supreme Court decision to get here.”
Apple had petitioned the Supreme Court back in December 2019, arguing that the US Court of Appeals for the Federal Circuit had handed down a “grossly excessive” damages award of $439 million.
“In a series of cases over the past five years, the Federal Circuit has adopted a gaping loophole that allows patentees to recover inflated damages far beyond the value of the patented invention,” said Apple in its petition.
In January last year, the Federal Circuit affirmed the jury award of $439 million. Then, in August, the court denied Apple’s petition for rehearing and rehearing en banc.
Larsen added: “We believe in the fairness of the American justice system and have respectfully played by its rules no matter how arduous. We trust Apple will honour the decisions rendered by our courts and their esteemed judges and honour an agreement to abide by the court’s decision.”
Another suit brought by VirnetX against Apple is currently awaiting a recalculation of damages.
In November 2019, the Federal Circuit vacated a jury’s calculation that Apple award VirnetX $503 million in damages, remanding the case to the US District Court for the Eastern District of Texas for a revised award or a new trial.
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