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US Supreme Court upholds VirnetX's $439M patent win over Apple
VirnetX has expansive IP that Apple refused to license at a reasonable market established royalty of 80 cents per device for providing end to end VPN security and automatically encrypted Facetime (seems very reasonable). They are now paying an aggregate of $1.20- $1.40 per device and wasted another $100 million in legal fees over 10 years.Apple was shown not only to infringe but to be a willful infringer. They also purposely wasted the resources of the court and were sanctioned for it. In addition, it is also alleged (and there does seem to be evidence) of Apple abusing the IPR system at the USPTO by creating partnership companies and making investments in Mangrove Partners and their Black Swamp Ventures Subsidiary with RPX so they could re-litigate against VirnetX after Apple lost their appeals. They also had an Apple engineer admit in a deposition that Apple knew about the VirnetX as SAIC IP and those patents before they tried to get their own patents through that were ultimately denied by the USPTO because of VirnetX prior Art.This behavior went on for 10 years. VirnetX not only prevailed in Apple 1 (this SCOTUS case) but won awards in Apple 2, 3 and 4 (for about $1.1 Billion) that are going through appeals now but look likely to be ruled in VirnetX. Tim Cook and Apple tried to make a mockery of the justice system and in a large part did until SCOTUS today said enough.The argument over property rights in the united state is clear. Patents are property. Remember we have seen patent suits filed by Apple and Samsung over the thing as trivial as the shape of the iPhone!VirnetX has viable and legitimate technology that hundreds of people worked on from their SAIC days, and those property rights can't be ignored - they are owned by VirnetX. Apple was proved to be a willful infringer meaning they KNEW what they were doing WAS WORNG and they infringed anyway because. The truth is they intended to keep this in courts for decades (which they did) and bleed Virnetx financially (which they also did) but justice still prevailed.Apple .. "pay him, pay that man his money".
ADDED - From VirnetX CEO today..."We are extremely pleased with the Supreme Court's decision not to hear Apple's writ of certiorari," said Kendall Larsen , VirnetX CEO and President. "It has taken us 10 long years, 4 successful jury trials, 2 successful Appellate Court rulings and a favorable Supreme Court decision to get here. We believe in the fairness of the American justice system and have respectfully played by its rules no matter how arduous. We trust Apple will honor the decisions rendered by our courts and their esteemed judges and honor an agreement to abide by the court's decision."
"We are a small company with valuable security technology. The inventors of that technology have senior level positions at VirnetX. It has always been our objective to create our own products with our proprietary technology. Unfortunately, when other companies are using your technology without permission, you must take action to protect that company asset," continued Kendall Larsen . "We have always believed that we were in the right with our court actions against Apple. Four juries and countless judges agree. We believe that our technology provides an important security feature in some Apple products especially the iPhone. The jury award we received and confirmed by Federal judges, is less than a quarter of one percent of the cost of an iPhone. We believe this amount is more than fair considering the importance of Internet security."
