Apple’s Damages in VirnetX Enhanced to $625M after Finding of Willfulness

infinite-loop(Tyler, Texas – February 3, 2016) It’s an infinite loop, alright. After successfully overturning a $368 million judgment in which Apple was found guilty of infringement, a jury revisited the case and found Apple to have been willful in their infringement and to have continued unabated since the earlier verdict. They reinstated and “enhanced” the damages, now $625 million, in in Apple vs. VirnetX, TXED 6:12-cv-00855-RWS.

The patents in question, each belonging to VirnetX, are numbered 6,502,135, 7,418,504, 7,490,151, and 7,921,211. Apple’s infringing products included VPN on Demand, iMessage, and FaceTime. It was also found that these products have continued to infringe since the first verdict in 2010.

Apple asked the judge to declare a mistrial, arguing that the jury was misled and confused by VirnetX’s closing arguments.

Representing VirnetX were Caldwell Cassady & Curry’s Brad Caldwell, Jason Cassady, John Curry, and Thomas Nemunaitis, as well as Chris Stewart, Daniel R Pearson, Hamad M Hamad, Jason Scott McManis, John Franklin Summers, and Warren Joseph McCarty. Also McKool Smith’s Doug Cawley, Mitchell Sibley, Ryan Hargrave, Sam Baxter, and Stacie McNulty; Park Bunt & Ainsworth’s Charles Ainsworth, Robert Bunt, and Robert Parker; and Ward, Smith & Hill’s Claire Henry and Thomas Ward.

Representing Apple was an even larger team, with 7 firms and 29 attorneys appearing, which included Akshay Deoras, David Draper, Diwei Zhang, F Christopher Mizzo, John C O’Quinn, Joseph Loy, Lauren Sabol, Greg Arovas, Jeanne Heffernan, Robert Appleby, Leslie Schmidt, Mangesh Kulkarni, and Steve Papazian from Kirkland & Ellis; Brian Buss, Chris Cravey, Danny Williams, Kyung Tai Kim, Matthew Richard Rodgers, Ruben Bains, and Terry Morgan from Williams Morgan, PC; Michael Jones, Allen F. Gardner, John Bufe, from Potter Minton; Dominic Massa, Elizabeth Reilly, and Rebecca Bact from Wilmer Cutler Pickering Hale & Dorr; Eric M. Albritton and Shawn A. Latchford from Albritton Law Firm; John M Desmarais from Desmarais LLP.


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