The hits just keep on coming to Apple. In a series of weeks that has seen Apple learn that iPhone sales are slowing, a glitch that caused its Safari browser to crash and issue a recall of faulty power adapters that could unexpectedly shock consumers, a jury has added insult to injury, ordering Apple to pay $626 million in damages after determining that a variety of the computer company's software infringed on another company's patents.
The jury's decision relates to a dispute between VirnetX Holding Corporation, an Internet security software and technology company with patented technology for secure communications like 4G LTE security, and Apple. The company argues that Apple infringed on its intellectual property by utilizing various forms of real-time communications over the Internet on iMessage, FaceTime and other Apple software that VirnetX said it had a patent for.
The conflict between the two had been raging on since 2012 when a jury found Apple guilty of the same patents, ordering the company to pay $368 million for the offense, according to CNN. However, Apple soon appealed and had the ruling overturned after VirnetX failed to prove that consumers were buying Apple's products because of the copyrighted software.
The case was sent back down to the East Texas District Court for a retrial, but things didn't pan out the way Apple had planned when a new jury on Wednesday determined that Apple owned even more money to VirnetX because it "willfully" violated the company's patents.
Now Apple has little choice but to appeal, which it said it intends to do.
"We are surprised and disappointed by the verdict and we're going to appeal," Apple said in an e-mailed statement, according to Bloomberg. "Our employees independently designed this technology over many years, and we received patents to protect this intellectual property. All four of VirnetX's patents have been found invalid by the patent office. Cases like this simply reinforce the desperate need for patent reform."
Fortunately for Apple - and shareholders, it has a history of success in getting major verdicts overturned. A judge in the same district threw out a $533 million damage award Apple lost to Smartflash LLC in July after it accused the California-based company of infringing patents for accessing and storing songs, videos and games.
Despite Apple's intentions however, the damage has already done, with Apple already revising its iMessage, FaceTime and VPN software in a bid to avoid anything covered by VirnetX's patents.