Opinions and Editorials

Mar. 8, 2019

Dallas News: If Apple Wants to Dump Frisco, Fine, But Let’s Not Pretend This Tech Giant is a Victim by Austin Curry

A recent Dallas Morning News editorial blamed so-called patent trolls for Apple closing two stores in Plano and Frisco. My law firm represents several of the businesses described as “opportunistic companies” that “exploit the courts and our patent law.” In fact, Apple is the opportunistic company.

Apple has lost multiple trials in the U.S. District Court for the Eastern District of Texas, including some cases won by my law firm, Caldwell Cassady & Curry. Our verdicts against Apple include $533 million (2015), $625 million (2016), $302 million (2016), $22 million (2016) and $502 million (2018).

In three of these trials, we represented Nevada-based VirnetX Inc. in cases involving the technology that enables the popular FaceTime feature to work on Apple’s iPhones and other company products. VirtnetX, a publicly traded company, owns a valuable patent portfolio that covers secure communications technology, and its patented ideas originated with a group of inventors from Science Applications International Corp., the respected defense contractor and technology supplier.

One of the main inventors of VirnetX’s patented technology is a former chief system architect and assistant vice president at SAIC. Another holds a Ph.D. in electrical engineering and previously worked as assistant vice president and division manager at SAIC.

The reason Apple was sued is because the company has never licensed VirnetX’s technology. Instead, Apple has used its vast resources to drag VirnetX through trial after trial and appeal after appeal. Despite having had multiple opportunities, Apple has never won at trial against VirnetX.

Read more here.