Friday, February 28, 2014

Virnetx v Apple Appeal

The following is a bulleted list of topics that Apple has appealed in the Virnetx v Apple case.  An Appeal oral hearing will take place Monday March 3rd, 2014, which is scheduled for 30 minutes (15 minutes per side).  After the hearing takes place, I will be able to match up, which topics the Judges ask questions about.  This post will serve as a good reference point instead of digging through the briefs.  I plan to attend in person absent an emergency or very poor weather conditions.  A recording will eventually be made available through the CAFC website.

- Infringement judgment on the '135 and '151 should be reversed or vacated per the VPN On Demand functionality.  Terms "determine whether" at issue.

- Infringement judgment on the '504 and '211should be reversed or vacated per the FaceTime service. Claims construction term "domain name" "secure communication link" at issue.

- Judgment of no invalidity should be reversed for all four patents in-suit.  Prior art demonstrated was Kiuchi.

- A new trial should be granted on all infringement claims.  Court excluding reexamination evidence was erroneous and highly prejudicial.

- Damage award should be reversed or vacated.  Court erroneously instructed the jury that they could use entire value of Apple's products as a royalty, but Virnetx did not satisfy entire market value rule.

- Virnetx also relied on licenses not commensurate with the accused infringement and on a speculative and arbitrary Nash bargaining solution theory.


  1. Hahahahaha Apple, you funny try this always - Joey

  2. Very bullish development in the case. VirnetX was granted its appeal to have the Keromytis declaration included. Big trouble for Apple.

    1. While it is nice to see a reversal at the USPTO in regards to the expert declaration, I see it as adding time to the reexamination, which hopefully a final judgment with appeals being exhausted terminates the reexaminations due to collateral estoppel. I don't exactly see it as big trouble for Apple, just another step in the ongoing struggle.

  3. CAFC Schedule, Weather Permitting....