Patently dogged: Apple unleashes lawyers to slash $454m patent rip-off bill – even after Supreme Court snub Apple’s decade-long refusal to accept it was wrong has hit absurd depths. In court paperwork [PDF] filed last week, the iGiant argued that the $454m it was finally forced to pay VirnetX for infringing on its patents should be reduced, even though it has already paid the money and even though it lost the case at the United …
From the article: "Apple [...] succeeded in getting VirnetX's patents that led to the award invalidated."
Patent examiners have a choice of granting invalid patents or spending ages going through the paperwork to delay granting an invalid patent then get shouted out for not keeping up with the work load. We know beyond all possible doubt that the patents are invalid (even without Apple jumping through all the expensive hoops required to get them invalidated). Mathematics is not patentable. Software is a branch of mathematics so it is not patentable (it is protected by copyright). Getting an obviously invalid patent invalidated takes time. This gives trolls like VirnetX plenty of time to get a judgement in East Texas because East Texas will not tolerate a moment of delay when finding for a patent troll.
In any normal area of law (ie not patents or bankruptcy) the documents at the base of the case being invalid would put an end to the matter before the defendant has to waste time and money listening to the plaintive's case. For patents, you have to defend perfectly at every stage to keep your right of appeal and even though the patents are invalid you still have to pay up and then somehow get the money back from the bankrupt shell company that started the litigation.
By all means hate Apple as much as you want but please try to remember why the patent system is despised by inventors. (My views on the matter are tolerant in the extreme. I would like patent lawyers and holders fined. By far the more popular remedies are burning or drowning.)
You do realize that the percentage of applications granted from the PTO is a relatively low number don't you, especially in the world of technology?
You do realize that VirnetX's patents are not "software" at all? (Apple's 101 challenges were dismissed out of hand by the district court judge and not even appealed by Apple in their myriad of attempts at the CAFC).
You do realize the original litigation was filed in 2010 and Apple was only forced to pay in 2020? How long SHOULD the federal courts hold it so the behemoth can win at the PTO (After trying multiple times and still failing).
You seem really upset, but also sadly misinformed.
Delay, delay and prevarocate.
The longer a case takes means more money for them. Take SCO vs IBM as an example. Started in 2003 and still not finally resolved. The [cough][cough] court appointed trustee (a lawyer) is still racking up costs.
Is it any wonder that the legal pro(fession) is almost universally loathed. Come the revolution right up there at the front of the line for dealing with are the lawyers.
A lot of us would rather [see icon] than be friends with any of those scumbags.
Not defending lawyers in any way, but in this case they are doing what Apple is telling them to do. A lawyer cannot continue a case without his client's approval.
And this client is even more spiteful than a divorced woman who has been cheated on.
At least she has a good reason.
The answer to this determines whether VirnetX are due any sympathy here at all. If the patents were invalid and they got this far on the USPTO's patently broken system (pun intended), then more power to Apple to use any and all legal avenues possible to get whatever they can. Remember this isn't just about squashing VirnetX, it's about discouraging worthless patent litigation in the future.
If the patents were valid, then I could see the argument here for calling Apple a vexatious litigant.
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