IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ORDER The Court

R The Court recently heard oral arguments regarding Plaintiffs Motion for Post-Verdict Damages to the Time of Judgment, Pre-Judgment Interest and Post-Judgment Interest, and Plaintiffs Motion for a Permanent Injunction (Docket Nos. 620 and 621). With respect to post-verdict damages, the parties dispute whether or not the calculations should be adjusted in light of Apples new sales data and projections. However at the time of the hearing, Apple was unable to provide exact sales figures as the data requested was still being created. Accordingly as stated at the hearing, the Court ORDERS Apple to provide VirnetX upto-date sales figures for the accused products and for the newly released iOS products, including the iPhone 5. These figures should be provided preferably by January 10, 2013 but no later than January 15, 2013. Additionally, the Court ORDERS VirnetX to submit an amended motion for post-verdict damages in light of Apples new data. VirnetXs motion shall be limited to three pages and it is due January 22, 2013. Apple shall submit a three page response by January 25, 2013.

VIRNETX INC., Plaintiff, vs. CISCO SYSTEMS, INC. et al., Defendants.

CASE NO. 6:10-CV-417

With respect to Plaintiffs Motion for Permanent Injunction, Apple has failed to adequately describe its expected design-around costs for both accused features. The Court ORDERS Apple to submit additional briefing that details the anticipated cost and time required to comply with an injunction. Apples brief shall be limited to five pages, and is due January 15, 2013. VirnetX shall submit a three page response by January 18, 2013.

So ORDERED and SIGNED this 4th day of January, 2013.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE