Apple asks appeals court to overturn $502 mln verdict in VPN patent case

Apple asks appeals court to overturn $502 mln verdict in VPN patent case

The Apple logo is seen at an Apple Store in Brooklyn, New York, U.S. October 23, 2020. REUTERS/Brendan McDermid
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  • Judge says Apple brought damages argument too late in VirnetX case
  • Apple could still win if PTO patent-validity ruling stands

(Reuters) – A long-running dispute between Apple Inc and patent licensing company VirnetX Inc over privacy-software technology went back to a U.S. appeals court on Thursday for a panel of judges to hear Apple’s new challenges to a $502 million jury loss in Texas.The U.S. Court of Appeals for the Federal Circuit heard Apple’s request to toss the jury verdict, as well as VirnetX’s appeal of a U.S. Patent Office tribunal decision to cancel its virtual private network (VPN) patents that also would negate the award if it stands.The 12-year fight has included five trials and three trips to the appeals court.Register now for FREE unlimited access to Reuters.comRegister“I’m pretty sure this dispute will never end between these two companies,” Chief U.S. Circuit Judge Kimberly Moore said during Thursday oral arguments.VirnetX sued Apple in 2010, alleging that VPN technology in Apple’s iPhones, iPads and computers infringed its patents. After several trials and appeals, a jury awarded VirnetX $502 million in damages in 2020.Apple’s attorney Bill Lee of Wilmer Cutler Pickering Hale and Dorr argued Thursday that the verdict should be thrown out because the jury’s royalty rate was based on flawed calculations by VirnetX’s damages expert.Lee said there was no evidence that any Apple customers used VirnetX’s patented technology, which is “disabled by default” in Apple’s software, and that the calculation failed to take this into account.But Moore said Apple brought the argument too late, even though it was “very simple and persuasive.””That argument was sitting there to be made as part of your last appeal, and you didn’t make it,” Moore said.Both Lee and VirnetX’s attorney Jeff Lamken of MoloLamken acknowledged that Apple would win the case if Patent Trial and Appeal Board rulings invalidating VirnetX’s patents are upheld. VirnetX asked the Federal Circuit to overturn the PTAB decisions in a separate oral argument Thursday.VirnetX attorney Stephen Kinnaird of Paul Hastings argued that the board misinterpreted the patents.Moore sat on the panels in both cases with Circuit Judges Leonard Stark and Todd Hughes.VirnetX separately won $440 million from Apple on allegations that the tech giant used its internet-security technology in features like FaceTime video calls, which Apple said it has paid.The appeals are VirnetX Inc v. Apple Inc, U.S. Court of Appeals for the Federal Circuit, No. 21-1672 and VirnetX Inc v Mangrove Partners Master Fund Ltd, U.S. Court of Appeals for the Federal Circuit, No. 20-2271.For Apple: Bill Lee of Wilmer Cutler Pickering Hale and DorrFor VirnetX: Jeff Lamken of MoloLamken; Stephen Kinnaird of Paul HastingsRead more:Apple fails to overturn VirnetX patent verdict, could owe over $1.1 billionVirnetX patent win against Apple vacated by U.S. appeals courtRegister now for FREE unlimited access to Reuters.comRegisterOur Standards: The Thomson Reuters Trust Principles.Blake BrittainThomson ReutersBlake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Reach him at [email protected] .

AppLovin offers to buy video game software maker Unity in $17.5 bln deal

AppLovin offers to buy video game software maker Unity in $17.5 bln deal

People play “Pokemon GO” on the Pokequan GoBoat Adventure Cruise in the Occoquan River in the small town of Occoquan, Virginia, U.S. August 14, 2016. REUTERS/Sait Serkan GurbuzRegister now for FREE unlimited access to Reuters.comRegisterAug 9 (Reuters) – Gaming software company AppLovin Corp (APP.O) made an offer on Tuesday to buy its peer Unity Software Inc (U.N) in a $17.54 billion all-stock deal, threatening to derail Unity’s announced plan to acquire AppLovin’s smaller competitor ironSource .AppLovin has offered $58.85 for each Unity share, which represents a premium of 18% to Unity’s Monday closing price. Unity will own 55% of the combined company’s outstanding shares, representing about 49% of the voting rights.AppLovin hired advisors to work out an offer after Unity last month said it would buy ironSource in a $4.4 billion all-stock transaction, sources familiar with the matter told Reuters. Unity’s board will have to terminate the ironSource deal if it wants to pursue a combination with AppLovin, according to the proposal.Register now for FREE unlimited access to Reuters.comRegisterUnder the proposed deal, Unity’s Chief Executive John Riccitiello will become CEO of the combined business, while AppLovin Chief Executive Adam Foroughi will take the role of chief operating officer.Unity said its board would evaluate the offer. The company is slated to report its earnings after the bell on Tuesday.Both companies make software used to design video games. Game-making software has also been expanding to new technologies such as the so-called metaverse, or immersive virtual worlds.Unity’s software has been used to build some of the most-played games such as “Call of Duty: Mobile,” and “Pokemon Go”, while AppLovin provides helps developers to grow and monetize their apps.AppLovin’s offer comes as game developers and console makers warn of a slowdown in the sector as decades-high inflation and easing of COVID-19 restrictions lead gamers to pick outdoor activities. The company lowered its sales guidance on Tuesday.”The deal comes as surprise to everybody in the business,” said Serkan Toto, founder of game industry consultancy Kantan Games. “It’s a $15 billion company going after a $15 billion company. It’s a desperate attempt to consolidate and the chances of this deal happening are very slim.”Shares of Palo Alto, California-based AppLovin, which went public last year, fell 9.9% while those of Unity rose 1% in the morning trading session. Shares of ironSource were down 9.7%.Foroughi said the combined company will have the potential to generate an adjusted operating profit of over $3 billion by the end of 2024.Register now for FREE unlimited access to Reuters.comRegisterReporting by Eva Mathews and Nivedita Balu in Bengaluru, Krystal Hu in New York; Editing by Saumyadeb Chakrabarty and Mike HarrisonOur Standards: The Thomson Reuters Trust Principles. .

Brookfield Aussie coal bid hits toxic smokescreens

Brookfield Aussie coal bid hits toxic smokescreens

Storm clouds can be seen behind chimneys at the Bayswater coal-powered thermal power station located near the central New South Wales town of Muswellbrook, Australia, March 14, 2017. Picture taken Mach 14, 2017. REUTERS/David Gray Register now for FREE unlimited access to Reuters.comRegisterMELBOURNE, Feb 23 (Reuters Breakingviews) – Brookfield Asset Management (BAMa.TO) and Grok Ventures’ A$5 billion ($3.6 billion) offer for AGL Energy read more has reignited Australia’s dirty climate wars. The asset manager and the investment fund of Atlassian (TEAM.O) co-founder Mike Cannon-Brookes want to plough up to A$20 billion into the coal-heavy power company to speed its shift to solar and wind. That ought to be a welcome development for a struggling target read more and for a federal government finally paying lip service read more to net-zero greenhouse-gas emissions. Instead, they’re returning to tired old anti-renewables tropes.The bidders face some deserved hurdles as it is. Success would mean Brookfield part-owning not just Australia’s largest power producer and retailer, but also, thanks to a recent A$10 billion club deal for AusNet, significant parts of the country’s transmission grid. That raises potential but probably not insurmountable competition concerns.To seal a deal, wannabe buyers also need to up their 4.8% premium. Some shareholders may agree that AGL’s plan to demerge its two divisions will destroy value, but Brookfield and Grok have to work off where the shares trade, not where they think they should. AGL Chief Executive Graeme Hunt is overplaying his hand implying he needs at least a 30% premium to start talks. But there’s probably some middle ground.Register now for FREE unlimited access to Reuters.comRegisterTrouble is, Hunt is raising the more serious spectre of Brookfield-Grok disrupting the energy market. That seems disingenuous while pitching for a higher offer, but he’s following the government’s lead: On the back of the bid, Prime Minister Scott Morrison warned early coal plant closures mean “electricity prices go up”. Treasurer Josh Frydenberg asserted it was an “indisputable fact” proved by the 2017 closure of Hazelwood power station.That specific comparison is wielded out of context: French owner Engie only gave six months’ notice before switching Hazelwood off, with no plans to replace production. And rising gas prices and big coal suppliers gaming the system also played a big role in price hikes, according to Australia’s own competition commission and researchers at the University of Melbourne.Brookfield and Grok are giving at least eight years’ notice and will only mothball coal once enough renewables are up and running. Of course, a parliamentary election due by May is fuelling tried and tested populist politics. The buyers could do without the toxic smokescreen.Follow @AntonyMCurrie on TwitterCONTEXT NEWS- AGL Energy Chief Executive Graeme Hunt on Feb. 22 said the A$5 billion ($3.6 billion) offer from Brookfield Asset Management and Grok Ventures offered very poor value for shareholders. He told The Australian newspaper that investors “typically, for a change of control…are looking for premium 30-40 plus per cent over whatever the appropriate share trading range is for the company”.- Hunt also called into question the consortium’s ability to replace AGL’s coal-fired power stations with adequate renewable energy sources by 2030. On the same day federal Treasurer Josh Frydenberg said it was an “indisputable fact” that energy prices will go up if coal-fired power stations close early, referring to the shutdown of the Hazelwood plant in Victoria in 2017.- Any takeover offer which leaves a foreign company owning 10% or more in an Australian company deemed part of critical infrastructure like energy, financial services, food and grocery, and water and sewage is subject to approval by the Foreign Investment Review Board, which submits its recommendations to the country’s Treasurer.- AGL’s bid represents a 4.8% premium to the stock’s closing price on Feb. 18. The prospective buyers made their approach on Feb. 19. The company’s board said on Feb. 21 that it had rejected the offer.Register now for FREE unlimited access to Reuters.comRegisterEditing by Jeffrey Goldfarb and Katrina HamlinOur Standards: The Thomson Reuters Trust Principles. .