A court in Texas ordered Apple to pay VirnetX $ 368 million for infringement of patents related to VPN technology (virtual private network).
VirnetX has 45 patents that are related to the transmission and encryption of data in real time. According to the plaintiff’s version, Facetime uses a DNS service similar to that described in the patent. It seems they managed to convince the court that they were right, and now Apple has a difficult choice to make - to abandon video chat or agree on license fees.
In addition, VirnetX demanded that the import of iPhone, iPad and Mac computers be banned. If Apple by the middle of next year does not agree on the amount of royalties, then this requirement can be satisfied.
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Representatives of the respondent believe that Apple does not need VirnetX. And they also said that if some technologies were involved, it was extremely limited.
In addition to Apple, Cisco Systems, Avaya, and Siemens Enterprise Communications were targeted by VirnetX lawyers. These companies are charged with similar violations. The amount of claims against them is estimated at $ 700 million, and hearings on these cases will be held early next year.
For VirnetX not the first time to win in such matters.
Let me remind you that in 2010 Microsoft was also obliged to pay $ 106 million for patent infringement on a VPN.
VirnetX was founded by former employees of SAIC Inc., which developed VPN technologies for the needs of the US CIA with American taxpayers' money. She inherited these patents from this company.
Apple lawyers disagree with the verdict and are preparing for an appeal. However, due to negative news, the shares of the American giant IT-industry fell. According to data of exchange experts, since September 19 of this year. Apple's market capitalization has shrunk by almost 20% and dropped to a six-month low.
VirnetX shares, for
obvious reasons, have recently risen in price and have risen from $ 7.71 to $ 34 over the last couple of years. At what news of a successful trial, led to an increase of almost 28%.
It's no secret that the system of protection of intellectual property, in the form in which it is now, protects the rights of “patent trolls” rather than companies engaged in actual production. So, in 2011, the US Congress, together with the Patent Office, prepared a report on lawsuits in this area, which states that in 2010 about 40% of cases were initiated by organizations that are not engaged in anything other than legal proceedings. Whereas 5 years ago, they accounted for no more than 22%.
Such a tendency cannot but be alarming and suggests that patent legislation urgently needs to be reformed and, moreover, in a most cardinal way, otherwise the consequences may be negative themselves.
UPD. The list of patents infringed:
6,502,135 ,
7,418,504 ,
7,921,211 and
7,490,151 .