According to federal court documents, the jury trial involving is to start Nov. 13.
Another investor said that Apple would be smart to acquire VirnetX as a way out.
John Ford, who contributes to the SeekingAlpha investment website, made the case. "After consulting with technical experts, I've come to the conclusion that Apple is either going to have to buy VirnetX or else pay huge settlement and royalty fees," said Ford in a May 2012 post.
Ford's argument rested on the fact that Apple might recoup its investment by collecting the licensing fees that will likely result from in-progress lawsuits, and from possible future filings against the likes of Google.
Ford also brought up VirnetX's $200 million payday two years ago.
"No defendant will want to go to trial. The defendants are keenly aware that in the Microsoft trial, VirnetX convinced a jury to rule against Microsoft," Ford said.
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