VirnetX is thinking about asking for a rehearing or trying to appeal to the US Supreme Court.
After that decision was made, VirnetX stock dropped more than 14 per cent
The 13-year legal conflict between the two firms has involved numerous trials & challenges.
In 2020, an East Texas jury awarded VirnetX $502 million after deciding that Apple infringed the VPN patents.
Apple has separately appealed the verdict itself, but the Federal Circuit has yet to rule in that case.
The court heard combined arguments in both cases in September, and both sides said upholding the decision to cancel the patents would also likely negate the jury award.
VirnetX separately won a $302 million verdict against Apple in an East Texas court in 2016, which was later increased to $440 million.