After a series of appeals, the legal battle between Apple and VirnetX over FaceTime patents appears to be finally over. The judge denied Apple’s latest motion calling for a retrial.
Judge Robert W. Schroeder III denied Apple’s motion requesting a retrial over the misuse of FaceTime patents. In addition, the judge changed VirnetX’s previously approved motion requiring Apple to pay interest and other fees. At present, it is unclear what changes Judge Schroeder made to the $ 116 million interest claim in addition to the $ 504 million Apple will be forced to pay.
The Apple’s motion called for a new trial on the grounds that the jury had not been informed that two of VirnetX patents had been canceled by the US Patent Office. The company also claimed that the royalty premium was incorrect and if a royalty premium is due, it should be $ 0.19 per device and not $ 0.84 per sales unit, which VirnetX claims .
In March 2020, VirnetX already received an initial payment of around $ 440 million from Apple for infringing many of its patents via the FaceTime and VPN on Demand features.