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UPDATE 1-Apple loses bid to undo $440 mln judgment in VirnetX patent case


FILE PHOTO: An electronic screen displays the Apple Inc. logo on the exterior of the Nasdaq Market Site following the close of the day’s trading session in New York City, New York, U.S., August 2, 2018. REUTERS/Mike Segar/File Photo

(Reuters) – A U.S. appeals court on Tuesday upheld a judgment worth $440 million that was won by intellectual property licensing firm VirnetX Inc against Apple Inc in a patent infringement case.

The U.S. Court of Appeals for the Federal Circuit denied Apple’s appeal of a 2016 jury verdict originally valued at $302 million that grew to $440 million with interest, enhanced damages, and other costs.

The same patent claims have been ruled invalid by an administrative court, but VirnetX is in the process of appealing those determinations.

Apple and VirnetX did not immediately respond to requests for comment.

Zephyr Cove, Nevada-based VirnetX, which was founded by employees at government contractor Science Applications International Corporation, holds patents related to secure networks, known as virtual private networks, and secure communications links.

VirnetX and Apple have been fighting over patents since 2010 in a rollercoaster litigation that has triggered wild swings in the technology licensing company’s stock price.

Reporting by Jan Wolfe; Editing by Chizu Nomiyama and Paul Simao



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