Apple has filed a motion for a mistrial in the infringement case where the patent holding company VirnetX won US$625 million. The winnings came from a retrial, and Apple claims VirnetX's legal team misrepresented the facts, warranting a mistrial.
The motion alleges VirnetX misrepresented during closing statements what Apple's witnesses said, and that arguments were presented that fell outside of evidence shown in the case, according to Texas Lawyer. Assuming Apple is right, VirnetX's legal team violated procedure, and a mistrial would be warranted.
VirnetX won $368 million in the original trial in 2012, but a new trial was ordered when the appeals court said there was an error in the way damages had been calculated. The second trial wrapped up in early February and the new Jury gave VirnetX an even bigger damages award at $625 million for infringement claims in FaceTime and newer versions of OS X and iOS.
The VirnetX legal team characterized Apple's motion as a "desperate attempt to publicly cry foul and avoid being held accountable for its rampant infringement."
This is the third time this case has been in Federal District Court in Eastern Texas, not counting appeals. The original damages verdict was tossed out, leading to more court time and a new damages ruling. That ruling led to the finding improperly calculated damages, and that brings us up to the new trial and this latest verdict Apple is fighting.
VirnetX claims Apple's tactics are a ploy to drag out the legal process. It's easy to see why VirnetX is itching to get its hands on the damages it's been awarded because the company generates its revenue from patent licensing and litigation.
Apple hasn't commented on its motion, and the court hasn't issued a ruling yet.