updated 01:07 pm EST, Fri November 9, 2012
Dispute expands to iPhone 5 and iPad mini
VirnetX has filed a second lawsuit against Apple, kicking off a new legal battle just hours after the patent holding company won a $368 million patent-infringement judgement for technology used in iPads, iPhones and Mac computers. The fresh filing expands the litigation to include Apple's latest devices, such as the iPhone 5, fifth-generation iPod touch, fourth-generation iPad, iPad mini and latest Mac computers.
"Due to their release dates, these products were not included in the previous lawsuit that concluded with a Jury verdict on November 6, 2012," VirnetX said in a statement.
The asserted patents include Nos. 6,502,135, 7,490,151, 7,418,504 and 7,921,211. The first was submitted more than a decade ago and describes "Agile network protocol for secure communications with assured system availability," while the second describes "Establishment of a secure communication link based on a domain name service (DNS) request." The latter patents are both titled "Agile network protocol for secure communications using secure domain names."
VirnetX claims that its patented technologies are used to power certain elements of FaceTime, iMessage, and Apple's VPN On Demand implementation in iOS and Mountain Lion. The patent holder demands a jury trial and calls for triple damages due to willful infringement.
Apple is expected to appeal its recent loss, though the company has yet to formally respond to the latest filing.