VirnetX claimed that Apple had stolen its technology for two patents related to its messaging software – US Patents 7,418,504 and 7,921,211 when it released Apple’s Facetime and iMessage.
The patents 7,418,504 and 7,921,211 cover methods for secure message transmission and VirnetX had previously won a $328m decision, but an appeals court eventually tossed that award and sent the case back to East Texas for two of the patent claims to be reconsidered.
Apple is not used to losing patent cases. It has a long history of convincing juries it invents things including the rounded rectangle. So it is appealing.
Of course now the boot is on the other foot it is moaning about how “cases like this simply reinforce the desperate need for patent reform”.
Apple has filed a motion seeking a mistrial, alleging misconduct by VirnetX lawyers during the closing arguments in the case.
“Apple objects to VirnetX’s closing argument as outside the record, inconsistent with the law, and served to confuse, mislead, and inflame the jury,” the filing reads.