Appeals Court Vacates VirnetX’s $368M Award Against Apple
- September 18, 2014
The Court of Appeals for the Federal Circuit vacated a jury order requiring Apple to pay VirnetX $368M in damages. While the court partially affirmed the jury’s finding that Apple’s VPN On Demand infringes two patents (6,502,135, 7,490,151), it reversed the district court’s construction of a claim term in two other patents (7,418,504, 7,921,211) and remanded for further proceedings as to those claims. The court also found that the theories on which VirnetX’s damages expert relied were flawed, and that the jury’s verdict was “tainted by erroneous jury instruction”.