A federal appellate court today threw out a 2012 judgment against Apple that required it to pay $368 million to VirnetX for patent infringement by the Cupertino Calif. company’s FaceTime video calling service and its implementation of VPN (virtual private networks).

In an order filed today by the U.S. Court of Appeals for the Federal Circuit, Chief Judge Sharon Prost and Circuit Judge Raymond Chen vacated the damages and returned the case to the Texas court where it was first tried.

The technical descriptions in the order notwithstanding, the appeals court rejected the damages awarded by the jury because of that it called “tainted” instructions to the panel.

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