Forget $368 million; VirnetX wants $532 million from Apple

In court Monday VirnetX argued that Apple should pay $532 million for allegedly infringing on intellectual property protecting secure communication, reports Bloomberg. That’s about 45% higher than an initial damages award of $368.2 million that was dismissed last year. 

“Apple hasn’t played fair. They have taken Virnetx’s intellectual property without permission,” VirnetX lawyer Brad Caldwell of Caldwell Cassady told the jury in Tyler, Texas.

“Apple believes in fairness and protecting intellectual property,” said Apple’s lawyer, Greg Arovas of Kirkland & Ellis. “VirnetX keeps moving the boundary, asking for more and more and more.”

In January 2014, VirnetX filed a motion with the U.S. District Court for the Eastern District of Texas seeking to supplement its infringement contentions against Apple, the defendant in a patent infringement lawsuit. 

The motion alleged that Apple products, including products containing the redesigned VPN On Demand and Per App VPN features implemented in Apple’s iOS 7, continue to infringe VirnetX’s patented inventions. Some of the currently accused products in this lawsuit include the iPhone 5, iPod touch (fifth generation), iPad (fourth generation), iPad mini, and certain Mac computers.

However, in September 2014, a federal appeals court tossed out a $368 million jury award for patent infringement that VirnetX Holding won against Apple in 2012. The U.S. Court of Appeals for the Federal Circuit, a specialized Washington-based court that handles patent appeals, ruled the verdict was "tainted" by erroneous jury instructions in the case. This sent the case back to a trial court.