Courtesy of Benzinga.
Vringo, Inc. (NASDAQ: VRNG) today provided an
update to shareholders.
“The management team at Vringo remains focused on its efforts to innovate,
develop and monetize intellectual property. We are preparing to seek further
review of the U.S. Court of Appeals for the Federal Circuit’s split 2-1
decision in our wholly-owned subsidiary I/P Engine’s case against AOL, Google
and others. Our legal team is preparing for the next steps in the case, and
we intend to keep our shareholders updated,” said Andrew D. Perlman, Chief
Executive Officer.
“Vringo continues to pursue ZTE Corporation and ASUS and certain of their
subsidiaries for past and future license royalties. Vringo is committed to
providing ZTE, ASUS and all other interested parties licenses to its standard
essential patents (SEPs) on fair, reasonable and non-discriminatory terms,”
said David L. Cohen, Esq., Chief Legal and Intellectual Property Officer.
“We look forward to the remainder of 2014 where we have more than ten
scheduled hearings in which liability, interim or final relief are being
determined in more than six countries. We believe strongly in the cases that
we have filed, and we intend to prove that these parties and others should
take licenses to our intellectual property,” Mr. Cohen continued.
“Vringo has approximately $29 million in cash and court deposits, and no debt.
Vringo’s management team is focused on monetization of its existing assets and
continues to review assets and strategic opportunities that it believes would
add value for our shareholders,” said Anastasia Nyrkovskaya, Chief Financial
Officer.
While dates often change in litigation for a variety of reasons, the following
two sections outline the events currently scheduled in Vringo’s filed cases,
and background on those cases.
I/P Engine v. AOL, Google et al.
October 15, 2014: Vringo’s wholly-owned subsidiary intends to file a petition
with the United States Court of Appeals for the Federal Circuit seeking en
banc review of the split appellate decision in its case against AOL Inc.,
Google, Inc. et al. that issued on August 15, 2014 and reversed the judgment
of the United States District Court for the Eastern District of Virginia. I/P
Engine’s petition for en banc review is due on October 15, 2014.
Vringo v. ZTE
o September 3, 2014: In India, the High Court of Delhi at New Delhi is
scheduled to hear Vringo’s contempt motion in Vringo’s first filed case
against ZTE, which alleges that ZTE failed to comply with the accounting
ordered by the Court on December 12, 2013 regarding ZTE’s sales of
CDMA2000 infrastructure, handsets, and dongles, which allegedly infringe
the relevant patent.
o September 8, 2014: Also in India, the High Court of Delhi in New Delhi is
scheduled to hear argument regarding Vringo’s contempt motion in Vringo’s
second filed case, which alleges, among other items, that ZTE violated the
interim injunction during its pendency and, under the terms of the interim
arrangement, failed to deposit the required sums with the Court.
o Late October 2014: In the United Kingdom, the UK High Court of Justice has
scheduled the commencement of the first of two trials on liability between
Vringo and ZTE concerning ZTE’s alleged infringement of five patents
covering technology ranging from 2G to 4G/LTE handsets and infrastructure.
o November 21, 2014: In Germany, the Mannheim Regional Court is scheduled
to hear Vringo’s complaint alleging that ZTE failed to comply with the
accounting ordered by the Court pursuant to the injunction granted in
December 2013, when it found that ZTE infringed one of Vringo’s European
patents covering 3G infrastructure.
o November 27, 2014: Also in Germany, the Dusseldorf Regional Court is
scheduled to hold two trials on ZTE’s alleged infringement of two of
Vringo’s non-SEP patents that cover the hotspot and navigation
functionality of handheld devices, respectively.
o December 8, 2014: In France, the Tribunal de Grande Instance de Paris is
scheduled to hold a trial on liability in the case between Vringo and ZTE
regarding ZTE’s alleged infringement of two patents covering 2G and 3G
infrastructure. One of the patents is the French counterpart to the
patent on which Vringo secured an injunction in December 2013 in Germany.
o In both Brazil and Romania, Vringo has secured interim injunctions against
ZTE. In Brazil, where the injunction was upheld on appeal, the patent
covers 3G and 4G/LTE infrastructure. In Romania, the patent covers both 3G
and 4G handsets and infrastructure.
o Hearing dates to determine ZTE’s liability in Vringo’s lawsuits against
ZTE in Australia, Brazil, India, Malaysia, the Netherlands, Romania, and
the United States have not yet been set.
o In a number of cases ZTE has commenced collateral proceedings aimed at
subverting Vringo’s lawful attempts to monetize its patents. These
proceedings include an anti-monopoly litigation filed in China, a
competition complaint lodged with the European Commission, and a number of
preliminary injunction requests in Brazil and the Netherlands. Vringo is
confident in its legal positions and is committed to enforcing its rights
to fullest extent allowed under the relevant legal and regulatory regimes.
ZTE has also filed re-examination requests with the Chinese patent
office seeking to revoke the Chinese counterparts of Vringo’s patents.
Over 30 requests have been allowed to proceed. To date, two of Vringo’s
patents have been affirmed as valid; the remaining patents are being
reviewed.
Vringo v. ASUS
o November 25, 2014: In Spain, the Commercial Court of Barcelona has
scheduled a hearing on liability in the case between Vringo and ASUS in
which ASUS is accused of infringing a non-SEP patent covering the hotspot
functionality in handheld devices.
o November 27, 2014: In Germany, the Dusseldorf Regional Court is scheduled
to hold two trials on ASUS’s alleged infringement of two non-SEP patents
that cover the hotspot and navigation functionality of handheld devices
respectively
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