IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
VIRNETX INC.Plaintiff, vs. APPLE INC. Defendant.
CASE NO. 6:13-CV-211
ORDER Before the Court is VirnetX Inc.'s ("VirnetX") Motion for an Ongoing Royalty (Docket No. 10). For the reasons stated below, the Court GRANTS IN PART and DENIES IN PART VirnetX's Motion. Apple Inc. ("Apple") is ORDERED to pay VirnetX an ongoing royalty rate of 0.98% on adjudicated products and products not colorably different from those adjudicated at trial that incorporate any of the FaceTime or VPN On Demand features found to infringe at trial. BACKGROUND On August 11, 2010, VirnetX filed suit alleging that Apple and several other defendants infringed U.S. Patent Nos. 6,502,135 ("the '135 Patent"), 7,418,504 ("the '504 Patent), 7,490,151 ("the '151 Patent), and 7,921,211 ("the '211 Patent) (collectively, "the patents-insuit"). See VirnetX, Inc. v. Cisco Systems, Inc. et al., No. 6:10–cv–417, Docket No. 1 (" Apple I"). The '135 and '151 Patents generally describe a method for transparently creating a virtual private network ("VPN") between a client computer and a target computer, while the '504 and '211 Patents disclose a secure domain name service. Specifically, VirnetX accused Apple's VPN On Demand and FaceTime of infringement. Both features establish secure communications, with Apple's FaceTime providing a secure communication link for users when video-chatting. Apple's VPN On Demand seamlessly creates a VPN when a user requests access to a secure website or server. A jury trial regarding the instant suit commenced on October 31, 2012. At trial, VirnetX contended that Apple infringed claims 1, 3, 7, 8 of the '135 Patent; claims 1 and 13 of the '151 Patent;
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