Mikey Campbell, writing for Apple Insider:
After a week of testimony and deliberation, a jury in the patent owner-friendly East Texas Federal District Court handed down a unanimous decision against Apple’s FaceTime, iMessage and VPN services, as well as the devices running them, finding each in infringement of VirnetX intellectual property covering secure communications protocols.
VirnetX initially won $368.2 million in damages from Apple in a 2012 lawsuit involving the same IP, but that verdict was ultimately vacated on appeal last September. As part of its appellate ruling, the U.S. Court of Appeals for the Federal Circuit called for a damages retrial, which resulted in today’s decision.
In its retrial, VirnetX sought $532 million, though the sum was inflated to $625.6 million due to continued willful infringement on the patents-in-suit. The second court action also appended FaceTime infringement allegations on a new claim construction.
Given that this is a retrial, can Apple appeal this verdict?
I’d be very curious to see an article about appeals from East Texas decisions. I’m hoping East Texas decisions are usually gutted in appeal. I sure hope so, anyway. As a Texan myself, the fact that these idiots are in my own state galls the hell out of me.
Yes, any trial verdict can be appealed, even if it’s a retrial.
Apple just filed a motion to declare a mistrial, based on alleged improper closing statements by the opposing lawyers.