VirnetX vs. Apple: $595.9M Patent Deal Impact

Patent Deal Impact

Apple Settles Patent Infringement Case with VirnetX: Key Details and Implications

VirnetX Holding Partnership, a patent proprietor based in Breeze Bay, NV, recently filed a Shape 8-K with the U.S. Securities and Exchange Commission (SEC) regarding an agreement with Apple, headquartered in Cupertino, CA, concerning ongoing patent infringement proceedings. The filing disclosed that Apple agreed to pay VirnetX a total of $595.9 million, inclusive of a $502.6 million patent infringement verdict and an additional $93.4 million for fees and prejudgment interest.

Legal Background and Verdicts

The $502.6 million verdict stemmed from a jury decision in April within the Eastern Region of Texas. This decision was the culmination of multiple trials following VirnetX’s allegations that Apple violated four patents related to establishing VPN connections and DNS requests. Previous trials had resulted in damages ranging from $302.4 million to $625.6 million. In this fourth trial, Apple’s VPN on Demand and updated FaceTime features were found to infringe on the patents, leading to the substantial verdict.

Damages Award and Court’s Decision

Despite VirnetX’s plea to enhance the damages by 100%, Judge Robert Schroeder denied the request, stating that while evidence supported Apple’s attempt to conceal infringement, the misconduct was temporary, and remedial efforts were significant. Judge Schroeder concluded that enhancing the verdict wouldn’t deter future infringement.

Ongoing Royalty Dispute and PTAB’s Role

VirnetX also sought a continuing royalty or injunction, citing irreparable harm caused by Apple’s infringement. However, the court ruled against VirnetX, noting that Gabriel, VirnetX’s competing security platform, didn’t directly compete with Apple’s FaceTime or VPN on Demand. The request to increase the ongoing royalty rate was also dismissed.

Impact of PTAB’s Patent Validity Proceedings

Crucially, the Patent Trial and Appeal Board’s (PTAB) decisions significantly impacted VirnetX’s case. Past awards totaling $1.1 billion to VirnetX were annulled due to PTAB’s invalidation of certain patents, including ones previously upheld by the Federal Circuit. Notably, Apple successfully challenged at least one patent post the statutory deadline.


While the recent settlement between Apple and VirnetX has substantially increased the latter’s award, concerns persist regarding the protection of VirnetX’s rights as a patent holder within the U.S. patent system.

This resolution marks a significant point in the ongoing dispute, shedding light on the intricacies of patent law, damages, and the evolving dynamics between tech giants and patent holders.

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