`
`
`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 2005
`Apple v. VirnetX
`Trial IPR2016-00062
`
`
`
`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