On Monday, the US Supreme Court refused to hear Apple’s bid to avoid paying about $440 million in damages for using patent licensing firm VirnetX’s internet security technology without permission in features such as FaceTime video calling.
The justices rejected Apple’s appeal in the long-running case in which a federal jury in 2016 found that Apple had infringed VirnetX’s patents and awarded $302 million.
The case dates back to 2010 when Nevada-based VirnetX filed suit in federal court in the Eastern District of Texas accusing Cupertino, California-based Apple of infringing four patents for secure networks, known as virtual private networks, and secure communications links.
VirnetX mentioned that Apple infringed with its FaceTime and VPN on Demand features in products such as the iPhone and iPad.
The US Court of Appeals for the Federal Circuit in Washington, which specializes in patent disputes, upheld the judgment against Apple last year.
During the litigation, Apple and other companies requested that a tribunal of the US Patent and Trademark Office review the validity of the VirnetX patents.
In separate decisions also issued last year, the Federal Circuit set aside certain of the tribunal’s rulings, bringing VirnetX closer to collecting damages from Apple.
Apple appealed to the Supreme Court, claiming that the damages should be recalculated because the specific patents VirnetX accused it of infringing with FaceTime were nearly wiped out.
Apple in a court filing called the Federal Circuit’s refusal to entertain its demands “legally wrong and grossly unfair.”
VirnetX told the justices that “The entire damages award … remains supported by claims that a jury – and the Federal Circuit – found valid years ago and that have not been canceled since.”