© 2012 The Texas Lawbook.
By Janet Elliott
Staff Writer for The Texas Lawbook
VirnetX Holding Corporation continued its success in federal court in Tyler, winning a $368 million patent infringement verdict this week against Apple over video conferencing technology.
The company, headquartered in Nevada, won a similar verdict in the same court against Microsoft for $105.75 million in March 2010. Dallas-based McKool Smith represented VirnetX in both victories.
The jury in U.S. District Judge Leonard Davis’ court late Tuesday returned the verdict after a five-day trial. The dispute involved technology that Apple Inc. used on several of its popular products to allow callers to see each other while they are talking.
“We respect the jury’s verdict and we are pleased that the jury recognized that the VirnetX technology was valuable,” said Douglas A. Cawley, who led a trial team from McKool Smith.
Joining Cawley, a principal in the Dallas office, were Dallas principals Sam Baxter, Rosemary Snider, and Brad Caldwell; Dallas associates Jason Cassady, Austin Curry, Seth Hasenour, Daniel Pearson, Stacie Greskowiak, Mitchell Sibley and Ryan Hargrave; and Austin principal Trent Campione and senior counsel Ramzi Khazen.
VirnetX also was represented by co-counsel from Tyler’s Parker, Bunt & Ainsworth.
Apple Inc., which argued that it did not owe any money to VirnetX, was represented by Danny Williams, founding shareholder in the Houston firm of Williams, Morgan & Amerson; Eric Albritton from Longview’s Albritton Law Firm; and John Demarais from New York’s Desmarais LLP.
Cawley said he will ask Davis to issue an injunction to prevent further infringement. After the verdict, he filed a second lawsuit accusing Apple of using the technology in two of its newest products.
Cawley said it was challenging to present the case in a way the jury could understand while still ensuring the evidence was sufficient to withstand review.
“You have to prove the case to the jury and the appeals court,” he said. “You simplify it but at the end of the day you have to do it technically.”
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