Texas Jury Returns $502.8M Verdict in Damages Retrial Between VirnetX and Apple

November 6, 2020

An Eastern District of Texas jury has issued a new verdict on damages in a retrial between VirnetX Inc. and Apple, just under a year after the Federal Circuit vacated a prior $502.6M damages award in that case and vacated part of the underlying finding of infringement. On October 30, the jury set a royalty rate of $0.84 per infringing device, which when multiplied by the total number of products resulted in a new damages award of $502.8M. The trial was among the first held before a jury in a patent case since the start of the COVID-19 pandemic, and it went forward after a debate over whether the trial could be held safely despite public health concerns.

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