Over the years, Apple and VirnetX have battled each other in court over patents used by Apple to produce iOS features like FaceTime and iMessage. The legal battle began in 2010 when IP Holding Company (some would say patent troll) VirnetX accused Apple of using its patents without licensing them. Over the years, more iPhone models were added to the complaint and last year a jury awarded VirnetX $302.4 million
Today, VirnetX announced that on September 29th, the United States District Court for the Eastern District of Texas, Tyler Division entered a Final Judgment in relation to post-trial motions that were filed after last year's ruling. The court gave VirnetX a clean sweep; all of Apple's motions were denied and all of the Holding' Company's motions were granted. As a result, the royalty rate was increased by 50%, adding $41.2 million to the previous award. Toss in another $96 million in attorney fees and interest, and the Final Judgment against Apple now comes to $439,727,418. That includes the jury verdict, willful infringement, interest, costs and attorney fees.
"We are elated with the Court's Final Judgement of $439 million in that not only did it affirm the jury's verdict of $1.20 per infringing iPhone, iPad and Mac Product, but also added for willful infringement, interest and attorney fees. This is the third time a jury has ruled in our favor against Apple. This Final Judgement amount is large because sales of Apple's infringing products are large. The cost of our security technology in infringing devices has been apportioned and is less than a quarter of one percent of the device's cost. We believe this established per device rate for security is very reasonable and will greatly assist us with our domestic and global licensing efforts."-Kendall Larsen, CEO and President, VirnetX
Apple says that it plans to appeal the verdict.