Our earlier post on VirnetX’s recent $502M jury verdict commended the company and its counsel on an incredible win, but nevertheless pointed out that it might be for naught. The patents asserted in the trial for the $502M damages currently stand invalid pursuant to petitions for inter pares re-examination and inter partes review. But what about Oil States? The case is currently pending before the Supreme Court, and it addresses the constitutionality of petitions for inter partes review (IPR). The case has already heard oral argument, and a decision is expected imminently. Some commentators have suggested that if the Supreme Court holds IPRs unconstitutional, then that will vacate the invalidity decisions of VirnetX’s patents from the PTAB, and nothing will finally stand in the way of VirnetX’s damages. What are the considerations that may keep alive VirnetX's prospect of collecting damages?
Read MoreVirnetX ($VHC) has won another trial against Apple ($APPL) in the federal court in Texas. This time the verdict is approximately $502M. But the patents stand invalid based upon PTO decisions, and those decisions are pending before the Federal Circuit. Who's winning this battle?
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