Apple has been rejected by the US appeals court after the company had made a request to reconsider a part of an earlier ruling which found that its iPhones had infringed on VirnetX’s CPN patents.
The two companies have been discussing the issue for a long time now, regarding who owns the patents that relate to Apple’s FaceTime and iMessage apps.
VirnetX has been seeking millions of dollars in royalties from Apple over the patents that were used in the apps of the iPhones maker’s.
Back in April 2018, a Texas federal court had ordered Apple to pay $502.6 million to VirnetX as they had violated four patents that linked to internet-based communications, which relates to the tech behind Apple products such as FaceTime and iMessage. Apple was unhappy about the amount and argued that it was excessive.
Both companies have been a part of a number of patent-related infringement suits, but this one would be considered the most high-profile.
Last November the three-judge panel had granted the win by as the ruling was overturned but the United States District Court for the Eastern District of Texas did say that older versions of the iPhone that used FaceTime had infringed own two VirnetX patents, which was what Apple has asked to reconsider.
Some parts of the decision made in November have been upheld by the decision to reject Apple’s argument that security measures that were a part of the VPN system were not the same as those mentioned in VirnetX patent.
From here, it is likely that the case will continue to meander and what happens next will be decided by the Texas court which can possibly rethink how much money Apple owes VirnetX. There is also a chance that the court could ask for a complete retrial as Apple’s supposed infringements have gone down from four to two.