judgement, denied all of Apples post-trial motions, granted all our post-trial motions, including our motion for willful infringement and enhanced the royalty rate during the willfulness period from $1.20 to $1.80 per device, and awarded us costs, certain attorneys fees, and prejudgment interest. The total amount in the final judgement was $439,700, including $302,400 (jury verdict), $41,300 (enhanced damages) and $96,000 (costs, fees and interest).
On October 27, 2017 Apple filed its notice of appeal of this final judgement to the USCAFC. Apple filed its opening brief on March 19, 2018. We filed our response on April 4, 2018. On April 11, 2018, USCAFC designated
Cases 18-1197-CB, Case 17-1368 and Case 17-1591
as companion cases and assigned to the same merits panel. Events and developments after this order are described below under
VirnetX Inc. v. The Mangrove Partners
(USCAFC Case 17-1368) (Consolidated Appeal)
.
VirnetX Inc. v. Apple, Inc. (Case 6:12-CV-00855-LED) (Apple II)
This case began on November 6, 2012, when we had filed a complaint against Apple in USDC in which we alleged that Apple infringed on certain of our patents, (U.S. Patent Nos. 6,502,135, 7,418,504, 7,921,211 and 7,490,151). We sought damages and injunctive relief. The accused products include the iPhone 5, iPod Touch 5th Generation, iPad 4
th
Generation, iPad mini, and the latest Macintosh computers; these products were not included in the Apple I case because they were released after the Apple I case was initiated. Post-Trial Motions hearing was held on July 18, 2018. On August 31, 2018, the USDC entered a Final Judgment and issued its Memorandum Opinion and Order regarding post-trial motions, affirming the jurys verdict of $502,600 and granting VirnetXs motions for supplemental damages, a sunset royalty and the royalty rate of $1.20 per infringing iPhone, iPad and Mac products, pre-judgment and post-judgment interest and costs. On September 20, 2018, pursuant to a Courts order, attorneys from VirnetX and Apple conferred and agreed, without dispute, to add an amount totaling $93,300 for Bill of Costs and Prejudgment Interest to the $502,600 jury verdict. The total amount in the final judgement in the Apple II case is now $595,900. Apple has filed a notice of appeal with the USCAFC in the Apple II case. On October 9, 2018, USCAFC accepted the notice and docketed it as
Case No.
19-1050 - VirnetX Inc. v. Apple Inc
. All subsequent events and developments in this case are described below under
VirnetX Inc. v. Apple Inc
.
(USCAFC Case
19-1050
) (Apple
II Appeal).
VirnetX Inc. v. The Mangrove Partners (USCAFC Case 17-1368) (Consolidated Appeal)
On April 11, 2018, the USCAFC in an order designated the following appeals
as companion cases and assigned to the same merits panel;
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•
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VirnetX Inc. v. The Mangrove Partners (USCAFC Case 17-1368)
|
On December 16, 2016, we filed appeals with the USCAFC, appealing the invalidity findings by the Patent Trial and Appeal Board (PTAB) in IPR2015-01046, and on December 20, 2016 for IPR2015-1047, involving our U.S. Patent Nos. 6,502,135, and 7,490,151. These appeals also involve Apple, Inc. and one of them involves Black Swamp IP, LLC. Oral arguments in this case were argued on January 8, 2019. We are awaiting the Courts decision in this matter.
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•
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VirnetX Inc. v. Cisco Systems, Inc. (USCAFC Case 18-1197-CB) (Appeal of Apple I Case)
|
On October 27, 2017 Apple filed its notice of appeal of the Final Judgment entered on September 29, 2017 to the United States Court of Appeals for the Federal Circuit. Oral arguments in this case were held on January 8, 2019. On January 15, 2019 the Courts issued a Rule 36 order affirming the District Court Judgement. Apple filed a request for panel rehearing and rehearing en-banc in this matter on February 21, 2019. On March 12, 2019, the court invited us to respond to Apple's petition on or before March 26, 2019. We are currently preparing our response.
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•
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VirnetX Inc. v. Apple Inc., Cisco Systems, Inc. (USCAFC Case 17-1591)
|
On February 7, 2017, we filed appeals with the USCAFC, appealing the invalidity findings by the PTAB in inter-parties reexamination nos. 95/001,788, 95/001,789, and 95/001,856 related to our U.S. Patent Nos. 7,921,211 and 7,418,504
.
Oral arguments in this case were argued on January 8, 2019. We are awaiting the Courts decision in this matter.
VirnetX Inc. v. Apple Inc
.
(USCAFC Case
19-1050
) (Apple II Appeal)
On January 24, 2019 Apple filed opening brief. We filed our response on March 1, 2019. Apples next response is due on April 5, 2019. The oral arguments have not yet been scheduled.