Court Sides With VirnetX, Affirms $506 Million Judgment Against Apple

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VirnetX Holding Corp. (NYSEAMERICAN: VHC) announced Friday morning that the U.S. District Court for the Eastern District of Texas has affirmed an April 2018 jury verdict granting the company a $506.2 million award in a patent infringement case against Apple Inc. (NASDAQ: AAPL). The court denied Apple’s request for a new trial in the case, and it also includes supplemental damages, a sunset royalty (paid when infringing products are phased out) and interest and costs.

Last October, Apple was ordered to pay VirnetX roughly $440 million in a separate case related to infringing two patents with Apple’s FaceTime technology. Combined with Tuesday’s judgment, the Cupertino giant now owes VirnetX the best part of $950 million. Apple has appealed the October ruling and is likely to appeal the decision handed down Thursday.

VirnetX, which describes itself as an Internet security software and technology company, claims to own over 80 U.S. and international patents with another 100 patent applications pending. The company’s patent portfolio includes technology related to securing real-time communications over the internet. The company also offers a secure domain name registry program named Gabriel.

In its most recent quarterly report, the company reported revenues of $16,000 and a net loss of $6.45 million. VirnetX says clearly in its statement on revenue recognition: “Most of our revenue historically has been derived from licensing and royalty fees … .” The description of deferred revenue further defines the company’s business:

From 2013 to 2016, we received contractual payments totaling $10,000. In accordance with our revenue recognition policy, we deferred and then recognized revenue over the life of the contract, but not ahead of collection. We recognized $375 and $750 of revenue, related to this contract during the three and six months ended June 30, 2017.

The company makes its money by litigating patent claims. In its filing for the just-ended June quarter, VirnetX lists several active cases of claimed patent infringement, most involving Apple.

The company first sued Apple for patent infringement in 2010 and again in 2012 for violating VirnetX virtual private network (VPN) on demand technology. The decision issued Thursday was related to Apple’s infringement of four VirnetX patents used with FaceTime.

VirnetX stock traded up about 13.5% in the noon hour Friday, at $3.38 in a 52-week range of $2.10 to $3.60. The consensus price target on the stock is $2.88.

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