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Re: A pathetic article from ARS Technica Thanks, castletower, for posting. My comment just posted: "Patent troll VirnetX, fresh on the heels of a $626 million FaceTime and iMessages patent victory over Apple, now wants a federal judge to permanently turn off those popular features." FALSE Virnetx specifically asked the court only to order Apple to remove VirnetX's technology from UNSOLD devices. Virnetx did NOT ask the court to order Apple to "turn off those popular features." All VirnetX wants is to be paid for its technology. If Apple wants to continue selling devices that use VirnetX's property, they can easily do so by paying for it (signing a license agreement). Further, VirnetX is not a "patent troll." Read here why: https://www.virnetx.com/patent-trolls-ask-jason-bourne/ Two juries from two trials, after hearing Apple's lawyers and witnesses, returned verdicts of infringement (which Virnetx had the burden at trial to prove) regarding two patents. After the first trial (2012), a federal judge found that there was sufficient evidence to support that verdict and entered judgment for VirnetX (also writing that Apple had engaged in "grossly misleading conduct" before the court). Apple appealed that judgment to the U.S. Court of Appeals for the Federal Circuit, which, after hearing Apple's arguments, affirmed part of the judgment (including that the patents were valid and had been infringed) and remanded the damages part of the case for new trial. That new trial took place earlier this year, consolidated with additional claims of infringement of four patents occurring since the first trial. A second jury, before a different federal judge, returned findings that Apple had not only again infringed but also that Apple had done so willfully (not surprising since two of the patents had previously been, upon trial, judicially ruled, twice, valid and infringed, which rulings Apple chose to ignore rather than honor). It is extremely unlikely that the judge in this second trial will find that there was insufficient evidence to support that second verdict of infringement, given the result of the first trial and similarity of issues and evidence. Meanwhile, VirnetX remains unable meaningfully to convert its intellectual property into revenue, by selling its Gabriel product in volume, or by licensing its technology to Apple (which to this day continues to use it, on a massive scale, without paying for it, unlike some others, such as Microsoft). Thank God we have a judicial branch of government and that VirnetX (unlike many other developers of innovative ideas) has been able, so far, to afford many years of extremely expensive litigation in order to obtain simply what is theirs, the exclusive right to use, and to license, their property. |
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Msg # | Subject | Author | Recs | Date Posted |
104706 | Re: A pathetic article from ARS Technica / ccm3rd | castletower | 25 | 5/29/2016 11:37:37 AM |