Patent troll VirnetX won numerous patent lawsuits against the company Apple, including the recent $625 million verdict over FaceTime and VPN-technology. Nevertheless, it seems that it is too far behind its success during this test. Once Apple has appealed, but a federal judge Robert Schroeder rejected the decision and demanded a retrial. The reason? VirnetX inappropriate mentioned the previous verdict, which may prejudicing the jury against Apple.
VirnetX did have the right to file a lawsuit in November 2012 in an attempt to prove that Apple has deliberately violated its patents. However, the judge said that the company had brought it up, when it shouldn’t have. He gives an example: “. In November 2012, Apple’s trial, it said that the comments about not using the patent. And you know, the jury did not believe them and agreed with us,” said the lawyer VirnetX. The judge felt could be prejudicial.
In these circumstances, the repeated reference to the prior jury verdict in the consolidated case led to an unfair trial.
Schroeder also believe that the combining of two trials (one above the FaceTime, and other VPN technology) in one trial created the “potential for juror confusion.” As a result, he gave the decision and ordered the two new trials, with the first run on September 26, 2016.
VirnetX meets the definition of patent trolls, as it uses its patent portfolio to sue the successful companies and rarely develop their own products. In accordance with the judgement, the company’s shares fell 44.6 percent. “We are disappointed by the decision of the court to release its decision to consolidate and streamline the party to repeat the case as two separate issues,” said the CEO and President of VirnetX Kendall Larsen.
Source: Ars Technica