The patent licensing company VirnetX Inc. got a boost on Friday in its latest fight with Apple Inc., persuading a federal judge in East Texas that Apple can’t revive defenses from an earlier case that culminated in a $368 million verdict for VirnetX.
In a 10-page decision, U.S. District Judge Leonard Davis in Tyler ruled that the doctrine of collateral estoppel precludes Apple from arguing in the most recent case that 16 claims in VirnetX’s patents are invalid. If the case goes to trial as scheduled in October 2015, Davis will instruct jurors that those 16 claims are valid, and Apple must now prove noninfringement to defeat them.
