Apple might have to pay out 328M or 1% per year

Lloydbm41

Suspended
Oct 17, 2013
4,019
1,455
Central California
This is going to be a long drawn out process and doubtful it will happen in the long run. Just like I doubt Samsung will ever give Apple 1 billion dollars. The appeals process can take up to a decade.
 

jamezr

macrumors G5
Aug 7, 2011
13,371
11,557
US
This is going to be a long drawn out process and doubtful it will happen in the long run. Just like I doubt Samsung will ever give Apple 1 billion dollars. The appeals process can take up to a decade.
yep.....it will take a decade and Apple with all its might will lawyer them to death.......it will be more cost effective for them to just drop the suit.......
 

bobenhaus

macrumors 6502a
Original poster
Mar 2, 2011
712
187
This is going to be a long drawn out process and doubtful it will happen in the long run. Just like I doubt Samsung will ever give Apple 1 billion dollars. The appeals process can take up to a decade.
Yeah from what I've read is that the lawsuit is at the end and Apple has no more options but to start paying.
 

Lloydbm41

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Oct 17, 2013
4,019
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Central California
Yeah from what I've read is that the lawsuit is at the end and Apple has no more options but to start paying.
This is quoted directly from the article:

"VirnetX still has to prove its case in front of the Federal Circuit before it is awarded the royalty on infringing devices."

And then, even if it wins there, Apple can take it to the federal appealate court, and even after that they could potentially take it to the Supreme Court. Basically, Apple could run these patent trolls into the ground so they run out of cash before a single penny is dished out in royalties.
 

bobenhaus

macrumors 6502a
Original poster
Mar 2, 2011
712
187
This is quoted directly from the article:

"VirnetX still has to prove its case in front of the Federal Circuit before it is awarded the royalty on infringing devices."

And then, even if it wins there, Apple can take it to the federal appealate court, and even after that they could potentially take it to the Supreme Court. Basically, Apple could run these patent trolls into the ground so they run out of cash before a single penny is dished out in royalties.
Well I also listen to this radio show regarding this lawsuit and it really sounds Apple is in a pickle. I cant remember the radio show but it was on yesterday. I think it was some type of lawyer show.
 

Lloydbm41

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Oct 17, 2013
4,019
1,455
Central California
$328 million to Apple is like $2.50 to the rest of us

Image
That's 328 million per year for the last x years. As long as Apple keeps selling more phones that is 1% each year of that profit number. So, it will be more money each year, until Apple finds a way around the patent. If it ever gets that far anyway.

And it doesn't matter if it is Apple. A little over a quarter of a billion dollars a year to a patent troll is a travisty. And Apple will feel the pinch.
 

kdarling

macrumors P6
No, it's pretty significant even though they have $150+ billion in the bank.
Of course, Apple does not have anywhere near that much in the USA, which is where this lawsuit is based.

--

Apple's lawyers have not done well with this case so far.

First they got sanctioned for stopping an Apple engineer from completing his disposition about their own VPN work. (Apple claimed that VirnetX's inventions weren't patentable, yet it came to light that Apple themselves had tried to patent almost the same thing. Ooops.)

When deciding royalties, Apple claimed that the patents were worthless, saying that it could be worked around very easily. But after they lost, Apple's lawyers suddenly flipped 180 degrees and claimed that it would be a huge hardship to change their code. Well, that didn't make the judge happy at all, which is why they're now on the line for almost 1%.

Apple also claimed that they shouldn't have to pay high royalties because they had good reason to believe the patents were invalid.

Apple is basically using all the same defensive arguments against VirnetX, as Samsung tried with Apple, and we know how well that went.
 

Switchback666

macrumors 68000
Nov 16, 2012
1,600
67
SXM
Of course, Apple does not have anywhere near that much in the USA, which is where this lawsuit is based.

--

Apple's lawyers have not done well with this case so far.

First they got sanctioned for stopping an Apple engineer from completing his disposition about their own VPN work. (Apple claimed that VirnetX's inventions weren't patentable, yet it came to light that Apple themselves had tried to patent almost the same thing. Ooops.)

When deciding royalties, Apple claimed that the patents were worthless, saying that it could be worked around very easily. But after they lost, Apple's lawyers suddenly flipped 180 degrees and claimed that it would be a huge hardship to change their code. Well, that didn't make the judge happy at all, which is why they're now on the line for almost 1%.

Apple also claimed that they shouldn't have to pay high royalties because they had good reason to believe the patents were invalid.

Apple is basically using all the same defensive arguments against VirnetX, as Samsung tried with Apple, and we know how well that went.
I aways read your post regarding this cases and anything related to touchscreen technology :) how do you think this case will end ?
 

kdarling

macrumors P6
I always read your post regarding this cases and anything related to touchscreen technology :) how do you think this case will end ?
Thank you, however I usually avoid predictions :)

Even though everything points towards Apple being stuck with the payments, you just never know when some political influence will come through and save them, as happened with that ITC injunction.

Instead, please allow me to point at a couple of interesting dissections of the current state of affairs. Also read the counter-comments. Be aware that the articles are from people investing in VirnetX.

VirnetX Vs. Apple At The CAFC: Why VirnetX Will Be Just Fine

VirnetX Vs. Apple At The CAFC: What Was Said And Why

--

VirnetX is not what most people call a patent troll, as they didn't just buy up some patents. Instead, they're headed by a group of scientists who invented what they are trying to license.
 

norradmcdonalds

macrumors newbie
Jun 4, 2014
3
0
Finally, the biggest troll of them all is getting a taste of their own medicine. Hopefully this forces Apple to start innovating, otherwise they should go down.
 

TechGod

macrumors 68040
Feb 25, 2014
3,177
914
New Zealand
Finally, the biggest troll of them all is getting a taste of their own medicine. Hopefully this forces Apple to start innovating, otherwise they should go down.
Do you know what Apple is doing behind closed doors? Do you know what products they are working? Do you work at Apple? oh wait... you are just some random person on the internet regurgitating the same garbage as the rest of the Android fanboys:rolleyes:
 

Fireblade

macrumors 65816
Jan 25, 2011
1,101
321
Italy
Do you know what Apple is doing behind closed doors? Do you know what products they are working? Do you work at Apple? oh wait... you are just some random person on the internet regurgitating the same garbage as the rest of the Apple fanboys:rolleyes:
Fixed it for you...
 

The-Real-Deal82

macrumors G3
Jan 17, 2013
8,808
14,326
Wales, United Kingdom
As long as they keep producing phones and tablets I can buy, I really don't care what they have to pay in fines. I'm a consumer who buys what they like, not someone who judges the ethics of a companies business practises.
 

quagmire

macrumors 603
Apr 19, 2004
6,381
1,311
Finally, the biggest troll of them all is getting a taste of their own medicine. Hopefully this forces Apple to start innovating, otherwise they should go down.
I don't think you know what a patent troll is.....

A patent troll is a company that only exists because of the patents they hold. They don't turn those patents into products or sell anything. They just mass up patents and sue companies to make their money.

Yes, Apple has been very much a bully in regards to their litigation actions, but they are hardly a patent troll.
 
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