VirnetX, the patent holding company which successfully sued Apple for infringing its VPN patents in FaceTime in 2012, has added more Apple devices to its pending patent infringement lawsuit. As announced by VirnetX, the holding company is now adding the iPad Air, iPad mini with Retina display, iPhone 5s, iPhone 5c, and “latest Mac computers” to the litigation against Apple. The company is also including the “iPod Touch with Retina Display,” which could refer to the fourth- and fifth-generation iPod touch; however, the current lawsuit has already included the fifth-generation iPod touch. VirnetX maintains that Apple infringes upon its VPN patents, including workarounds Apple redesigned for iOS 7.
Apple initially changed the way its VPN On Demand connected in iOS after the loss of the first lawsuit. However, the company decided to reverse course weeks later, and change its VPN On Demand connection back to how it always worked. The reversal caused speculation that Apple and VirnetX appeared to reach an agreement of some kind — that obviously now appears to be false. Apple was ordered to pay $368.2 million for the loss of the first lawsuit, and lost an appeal.