Federal Circuit Vacates $600M VirnetX Judgment Against Apple, Reverses FaceTime Infringement Verdict
- November 27, 2019
Category: Patent Litigation FeatureMarket Sector: Mobile Communications and Devices
The Federal Circuit has partly overturned an April 2018 infringement verdict for VirnetX Inc. in a suit against Apple, vacating a $600M judgment for the NPE (2019-1050). In a November 22 opinion, the appeals court declined to revisit a lower court ruling on issue preclusion with respect to invalidity but countermanded the jury’s finding that Apple’s FaceTime feature infringed two of the asserted patents. That reversal stemmed from the district court’s failure to properly construe a key claim term, with the Federal Circuit concluding that no reasonable jury could have found infringement through FaceTime under the correct construction.