TYLER, Texas, Feb. 3, 2016 /PRNewswire/ -- Attorneys with the
Dallas law firm Caldwell Cassady
& Curry won a $625.6 million
verdict today in favor of Nevada-based VirnetX Holding Corp. (NYSE MKT:
VHC) in a patent infringement lawsuit against technology giant
Apple Inc. (NASDAQ: AAPL), marking the second time a federal jury
has found Apple liable for infringing VirnetX's patented
technology.
The verdict announced Feb. 3
before Judge Robert W. Schroeder III
in the U.S. District Court for the Eastern District of Texas in Tyler includes royalties awarded to VirnetX
based on an earlier patent infringement finding against Apple that
Caldwell Cassady & Curry also won for VirnetX. The jury found
that Apple's modified VPN On Demand, iMessage and FaceTime services
infringed VirnetX's patents and that Apple's infringement was
willful.
In addition to determining the royalty owed by Apple for its
prior infringement, today's verdict also includes an award based on
the jury's finding that Apple's modified VPN On Demand, iMessage
and FaceTime services have continued to infringe VirnetX's
patents.
VirnetX was represented by Caldwell Cassady & Curry
principals Brad Caldwell,
Jason Cassady, Austin Curry and Justin
Nemunaitis, and firm associates Hamad Hamad, Warren
McCarty, Jason McManis,
Daniel Pearson, Chris Stewart and John
Summers. Representing VirnetX as local counsel were
Johnny Ward and Claire Abernathy Henry of Ward, Smith &
Hill, PLLC, in Longview, and
Robert M. Parker, R. Christopher Bunt and Charles Ainsworth of Tyler-based Parker, Bunt & Ainsworth,
PC.
"We are thankful for the jurors' hard work and attention in this
case, and for reaching a just verdict," says Mr. Cassady. "The jury
saw what we have been saying all along: Apple has been infringing
VirnetX's patented technology for years."
The case is VirnetX Inc., et al. v. Apple Inc., No.
6:12-cv-00855.
A separate jury previously awarded VirnetX $368 million in a 2012 trial after finding that
Apple's FaceTime video-conference application and its VPN On Demand
service infringed four VirnetX patents. The award later was vacated
by the U.S. Court of Appeals for the Federal Circuit, which sent
the case back to the district court for a retrial on damages and
for Apple's alleged infringement through the FaceTime service under
a new claim construction, which the jury decided in today's
verdict.
About VirnetX
VirnetX Holding Corporation is an
Internet security software and technology company with patented
technology for secure communications including 4G LTE security. The
Company's software and technology solutions, including its secure
domain name registry and Gabriel Connection Technology™, are
designed to facilitate secure communications and to create a secure
environment for real-time communication applications such as
instant messaging, VoIP, smart phones, eReaders and video
conferencing. The Company's patent portfolio includes over 112 U.S.
and international patents and over 75 pending applications. For
more information, please visit http://virnetx.com.
About Caldwell Cassady & Curry
Dallas-based Caldwell Cassady & Curry
represents clients in intellectual property disputes and commercial
litigation claims. The firm is home to trial lawyers who have tried
and won some of the biggest verdicts of the past decade against
some of the largest companies in the world. Visit
http://www.caldwellcc.com.
For more information, contact Bruce Vincent at 800-559-4534 or
bruce@androvett.com.
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SOURCE Caldwell Cassady & Curry