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.