Apple has asked a US District Judge to reduce the damages it will be required to pay out to VirnetX over a patent infringement case. The Cupertino firm argued that new claims will bring the amount of damages it will be required to pay to over $1 billion.
Apple has asked US Direct Judge Robert W. Schroeder III to reduce the amount it is required to pay, following the loss of a patent infringement case brought by VirnetX. Apple’s request came during a video hearing where VirnetX lawyers requested an additional $116 million in interest be added to the settlement.
VirnetX lawyers also asked that Apple be forced to pay an 84 cent royalty for each device sold that infringes on its FaceTime and VPN patents. While that figure had been set in a previous jury trial, VirnetX now wants it to also be applied to future infringing Apple products, even those that were not specified in the case.
Bloomberg reports that Apple requested that Judge Schroeder slash the jury’s October damages award by more than 75% to $113 million.
At the hearing, VirnetX lawyers repeatedly accused Apple of recycling arguments and attacking issues Schroeder or the jury had already decided. Apple’s attorneys countered that the company has a right to argue all legal points at its disposal to overturn a verdict that “overcompensates” VirnetX for patents federal regulators issued by mistake.
The iPhone maker argued jurors should have been told that VirnetX’s two patents were invalidated by the U.S. Patent and Trademark Office. Apple also said VirnetX’s damages calculations were incorrect and said royalties paid on future sales should be cut to a mere 19 cents per unit if anything at all.