Back in 2012, patent holding company VirnetX won a patent lawsuit against Apple over virtual private networking (VPN) connectivity related to Apple's FaceTime video calling feature. VirnetX was awarded $368.2 million after a jury trial.

virnetx_logo

The U.S. Court of Appeals for the Federal Circuit today threw out the decision, reports The Wall Street Journal, ruling that the verdict was influenced by the instructions given to the jury during the trial.

The U.S. Court of Appeals for the Federal Circuit, a specialized Washington-based court that handles patent appeals, ruled the verdict was "tainted" by erroneous jury instructions in the case. The court also held some trial testimony from a VirnetX expert should have been excluded from the case.

Despite siding with Apple and reversing some of $368 million verdict, the court did rule that Apple infringed on some of the claims in VirnetX's patents, which means damages will need to be redetermined.

As a result of today's appeals court verdict, Apple and VirnetX will go back to trial court for further proceedings, further drawing out a lawsuit that first began in 2010.

Top Rated Comments

Rudy69 Avatar
146 months ago
So...does this mean we can finally get back peer to peer FaceTime so we get better quality?
Score: 8 Votes (Like | Disagree)
Doctor Q Avatar
146 months ago
Back in 2010 we learned that the judge was known for a willingness to rule in favor of plaintiffs in patent disputes. His jury instructions were apparently biased in the same way, and it caught up with him this time.
Score: 4 Votes (Like | Disagree)
The WOPR Avatar
146 months ago
So...does this mean we can finally get back peer to peer FaceTime so we get better quality?

I am hoping this happens in the future. I use FaceTime regularly and noticed a significant drop in quality after they changed their service due to the lawsuit.
Score: 3 Votes (Like | Disagree)
zorinlynx Avatar
146 months ago
So...does this mean we can finally get back peer to peer FaceTime so we get better quality?

I used tcpdump to check and confirmed that FaceTime is usually Peer to Peer again. I'm guessing Apple found a workaround for the patent at some point and quietly fixed it.

Basically, call quality was notably good so I had to investigate to see if it was still going through a bounce server. I was pleased to find packets going directly to and from the other person's network instead of AWS. :)
Score: 2 Votes (Like | Disagree)
Cartaphilus Avatar
146 months ago
Bill of Rights be damned, huh?

The Seventh Amendment requires only "trial by jury", and doesn't specify that the jury must be made up only of ordinary randomly-chosen people, although I would agree that a Federal jury of judges is unconstitutional. The Fifth Amendment, which provides for "due process" is offended when a litigant's rights are determined by an under-educated, under-sophisticated, and under-intelligent jury which can't possibly be relied upon to weigh the scientific and engineering issues of fact on which a patent case often turns. I love juries, and when it comes to deciding who is telling the truth and who is lying about events that occur in ordinary life, I trust a lay jury over any alternative. I just don't believe a randomly-selected lay jury is the best way of determining whether a violation of an issued patent has occurred. There is an excellent and balanced law review article on this subject that I'd recommend:

http://www.stlr.org/html/volume2/fisher.pdf (http://www.stlr.org/html/volume2/fisher.pdf)
Score: 1 Votes (Like | Disagree)
rdlink Avatar
146 months ago
Personally, I'd just like to have back the functionality we lost when we moved from iChat to FaceTime. Specifically, the ability to have three way video, and easily control someone else's computer.
Score: 1 Votes (Like | Disagree)

Popular Stories

AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2, AirPods Pro 3, and AirPods 4

Thursday November 13, 2025 11:35 am PST by
Apple today released new firmware designed for the AirPods Pro 3, the AirPods 4, and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B25, while the AirPods Pro 2 and AirPods 4 firmware is 8B21, all up from the prior 8A358 firmware released in October. There's no word on what's include in the updated firmware, but the AirPods Pro 2, AirPods 4 with ANC, and AirPods Pro 3...
CarPlay Pinned Messages

iOS 26.2 Adds New CarPlay Setting

Thursday November 13, 2025 6:48 am PST by
iOS 26 extended pinned conversations in the Messages app to CarPlay, for quick access to your most frequent chats. However, some drivers may prefer the classic view with a list of individual conversations only, and Apple now lets users choose. Apple released the second beta of iOS 26.2 this week, and it introduces a new CarPlay setting for turning off pinned conversations in the Messages...
Tesla Charging

Tesla Working to Add Apple CarPlay Support to Vehicles

Thursday November 13, 2025 8:31 am PST by
Tesla is working to add support for Apple CarPlay in its vehicles, Bloomberg's Mark Gurman reports. Tesla vehicles rely on its own infotainment software system, which integrates vehicle functions, navigation, music, web browsing, and more. The automaker has been an outlier in foregoing support for Apple CarPlay, which has otherwise become an industry standard feature, allowing users to...
tvOS 26 Profiles

tvOS 26.2 Adds a Useful New Feature to Your Apple TV

Friday November 14, 2025 10:02 am PST by
Starting with the upcoming tvOS 26.2 update, currently in beta, additional profiles created on the Apple TV no longer require their own Apple Account. In the Settings app on the Apple TV, under Profiles and Accounts, anyone can create a new profile by simply entering a name and indicating whether the profile is for a kid. The profile will be associated with the primary user's Apple Account,...
iPhone Pocket Short

iPhone Pocket Now Available to Order, But Already Selling Out

Friday November 14, 2025 6:20 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. iPhone Pocket is available to order on Apple's online store starting today, in the United States, France, China, Italy, Japan, Singapore, South Korea, and the United Kingdom. However, it is already completely sold out in the United...
homepod mini thumb feature

New HomePod Mini, Apple TV, and AirTag Were Expected This Year — Where Are They?

Wednesday November 12, 2025 11:42 am PST by
While it was rumored that Apple planned to release new versions of the HomePod mini, Apple TV, and AirTag this year, it is no longer clear if that will still happen. Back in January, Bloomberg's Mark Gurman said Apple planned to release new HomePod mini and Apple TV models "toward the end of the year," while he at one point expected a new AirTag to launch "around the middle of 2025." Yet,...
iOS 26

iOS 26.2 Available Next Month With These 8 New Features

Tuesday November 11, 2025 9:48 am PST by
Apple released the first iOS 26.2 beta last week. The upcoming update includes a handful of new features and changes on the iPhone, including a new Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. In a recent press release, Apple confirmed that iOS 26.2 will be released to all users in December, but it did not provide a specific release date....
m1 chip slide

Five Years of Apple Silicon: M1 to M5 Performance Comparison

Monday November 10, 2025 1:08 pm PST by
Today marks the fifth anniversary of the Apple silicon chip that replaced Intel chips in Apple's Mac lineup. The first Apple silicon chip, the M1, was unveiled on November 10, 2020. The M1 debuted in the MacBook Air, Mac mini, and 13-inch MacBook Pro. The M1 chip was impressive when it launched, featuring the "world's fastest CPU core" and industry-leading performance per watt, and it's only ...
walmart new ornametns

Walmart Black Friday Deals Begin Today With Low Prices on Headphones, TVs, and More

Friday November 14, 2025 7:55 am PST by
Walmart's Black Friday sale has officially kicked off today, with an online shopping event that's also seeing some matching deals in retail locations. There are quite a few major discounts in this sale, including savings on headphones, TVs, and more. Note: MacRumors is an affiliate partner with Walmart. When you click a link and make a purchase, we may receive a small payment, which helps us...
iOS 26

Everything New in iOS 26.2 Beta 2

Wednesday November 12, 2025 3:29 pm PST by
Apple today provided developers with the second beta of iOS 26.2, which adds a few new features worth knowing about. Measure App Apple's Measure app now features a Liquid Glass design for the level, with two Liquid Glass bubbles instead of white circles. Games App There's now an option to sort games in the Games app Library by size, in addition to Name and Recent. CarPlay The...