`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`VIRNETX INC.,
`
`
`Plaintiff,
`
`
`vs.
`
`CISCO SYSTEMS, INC. et al.,
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CASE NO. 6:10-CV-417
`
`
`
`
`
`
`FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(b)
`
`On August 11, 2010, VirnetX, Inc. (“VirnetX”) filed this action against Apple, Inc.
`
`(“Apple”) and several other parties alleging patent infringement. On the eve of trial, only two
`
`parties remained: Apple and Cisco Systems, Inc. By agreement, the Court granted Defendants’
`
`Motion for Separate Trials, setting only Apple for trial starting October 31, 2012 (Docket No.
`
`542). Since all issues, between VirnetX and Apple, except future ongoing royalties, if any, have
`
`been finally resolved either by the jury or the Court’s Memorandum Opinion and Order (Docket
`
`No. 732), there is no reason to delay entering judgment as to Apple.
`
`Therefore, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, consistent with
`
`the Court’s Memorandum Opinion and Order, and the Court having expressly determined that
`
`there is no just cause for delay, the Court ORDERS AND ENTERS FINAL JUDGMENT AS
`
`TO APPLE, as follows:
`
`• Defendant Apple is found to infringe claims 1, 3, 7, 8 of U.S. Patent No.
`
`6,502,135; claims 1 and 13 of U.S. Patent No 7,490,151; claims 1, 2, 5, 16, 21,
`
`Page 1 of 2
`
`VIRNETX EXHIBIT 2004
`Apple v. VirnetX
`Trial IPR2015-00187
`
`
`
`Case 6:10-cv-00417-LED Document 742 Filed 02/28/13 Page 2 of 2 PageID #: 26537
`
`and 27 of U.S. Patent No 7,418,504; and claims 36, 37, 47 and 51 of U.S. Patent
`
`No. 7,921,211 (collectively, “the Asserted Claims”).
`
`• The Asserted Claims are valid.
`
`• The Court awards damages to VirnetX for Apple’s infringement of the Asserted
`
`Claims in the amount of $368,160,000.
`
`• VirnetX is further awarded pre-judgment interest, post-judgment interest, and
`
`post-verdict damages as detailed in the Court’s Memorandum Opinion and Order.
`
`
`
`All relief not specifically granted herein is DENIED, subject to SEVERANCE of
`
`VirnetX’s request for an ongoing royalty as ordered in the Court’s Memorandum Opinion and
`
`Order.
`
`
`
`All pending motions between VirnetX and Apple not previously resolved, specifically:
`
`VirnetX’s Opposed Motion In Limine (Docket No. 538); Apple’s Opposed Motion In Limine
`
`(Docket No. 539); Apple’s Motion to Dismiss for Lack of Jurisdiction (Docket No. 589);
`
`Apple’s Judgment as a Matter of Law (Docket No. 593); VirnetX’s Judgment as a Matter of Law
`
`(Docket No. 594); and VirnetX’s Motion for Entry of Judgment (Docket No. 622) are DENIED.
`
`
`
`
`
`2
`
`__________________________________
`LEONARD DAVIS
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 27th day of February, 2013.
`
`Page 2 of 2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
