Apple has been dealt what may be a short-lived blow in a long-fought battle with VirnetX. It has been determined that 400 million Apple devices that infringe the troll's patents have been sold. It's small change for Apple, but an important win for VirnetX.
Shares of VirnetX Holding Corp. surged in the extended session Tuesday after a federal jury in Texas said Apple Inc. must pay the security software company $502.6 million over infringed patents, according to reports late Tuesday.
In a statement to Bloomberg, VirnetX CEO Kendall Larsen called the damages amount "fair". The patent troll claimed that FaceTime, iMessage and VPN on Demand violate four of its patents that are related to secure communications.
"The evidence was clear", Larsen said after the verdict was announced.
The legal battle started in 2010 and had bounced between courts and trials. A jury had already awarded VirnetX $302 million, which was later increased to $439.7 million and has now gone up to $502.6 million. Since that time, there have been numerous trials and appeals. The US Court of Appeals for the Federal Circuit in Washington is now reviewing cases in which the Patent Trial and Appeal Board claims the patents in question are in fact invalid.
Apple has yet to comment on today's ruling, though it has had choice words for VirnetX in the past, saying that the company continually "moves the boundary, asking for more and more and more".