BRAZILIAN COURT UPHOLDS INJUNCTION AGAINST ZTE FOR THE ELEVENTH TIME
October 22 2015 - 8:30AM
NEW YORK - October 22, 2015 -
Vringo, Inc. (NASDAQ: VRNG), a company engaged in the innovation,
development and monetization of intellectual property, today
announced that, for the eleventh time, a Brazilian court has denied
ZTE's attempt to overturn the preliminary injunction which was
granted on April 15, 2014.
On April 15, 2014, the
5th Business
Trial Court of the State of Rio de Janeiro granted Vringo's request
for an ex-parte preliminary injunction against ZTE, ordering ZTE to
cease commercializing 3G and 4G infrastructure technology in
Brazil.
Since that date, ZTE has
attempted, unsuccessfully, to have the preliminary injunction
overturned eleven times. ZTE has done so by petitioning four
separate courts, utilizing a wide variety of procedural mechanisms,
and re-litigating the same issues.
To date, the court has rejected
each and every one of ZTE's attempts.
In the latest instance, on June
19, 2015, ZTE filed a second interlocutory appeal to lift the
injunction upon the payment of a bond or imposition of a royalty
rate. Yesterday, the Rio de Janeiro State Court of Appeals rejected
ZTE's request, holding that the Court had already decided previous
ZTE appeals against the granting of the injunction, and that ZTE
has already filed a separate lawsuit before the 13th Federal
Trial Court of Rio de Janeiro seeking the determination of a
royalty rate.
Following this latest rejection of
ZTE's attempt to overturn the preliminary injunction, ZTE remains
enjoined from commercializing 3G and 4G infrastructure technology
in Brazil and Vringo continues to be able to enforce the
preliminary injunction.
In addition, according to a report prepared by
court-appointed experts following a December 1, 2014 raid of ZTE's
warehouse in Hortolândia, São Paulo, Brazil, ZTE has sold at least
360 components in violation of the preliminary injunction and
failed to produce several accounting and tax documents that ZTE had
been specifically ordered to produce during the raid.
About Vringo,
Inc.
Vringo, Inc. is engaged in the
innovation, development and monetization of intellectual property
and mobile technologies. Vringo's intellectual property
portfolio consists of over 600 patents and patent applications
covering telecom infrastructure, internet search, and mobile
technologies. The patents and patent applications have been
developed internally, and acquired from third parties. For
more information, visit: www.vringo.com.
Forward-Looking
Statements
This press release includes
forward-looking statements, which may be identified by words such
as "believes," "expects," "anticipates," "estimates," "projects,"
"intends," "should," "seeks," "future," "continue," or the negative
of such terms, or other comparable terminology. Forward-looking
statements are statements that are not historical facts. Such
forward-looking statements are subject to risks and uncertainties,
which could cause actual results to differ materially from the
forward-looking statements contained herein. Factors that
could cause actual results to differ materially include, but are
not limited to: our inability to license and monetize our patents,
including the outcome of the litigation against ZTE and other
companies; our inability to recognize the anticipated benefits of
the acquisition of IDG, which may be affected by, among other
things, competition, our ability to secure advantageous licensing
and sales agreements, market acceptance of IDG's technology,
potential technology obsolescence, protection of intellectual
property rights and potential liability risks that are inherent in
the marketing and sale of products used by consumers; our inability
to monetize and recoup our investment with respect to patent assets
that we acquire; our inability to develop and introduce new
products and/or develop new intellectual property; our inability to
protect our intellectual property rights; new legislation,
regulations or court rulings related to enforcing patents, that
could harm our business and operating results; unexpected trends in
the mobile phone and telecom infrastructure industries; our
inability to raise additional capital to fund our combined
operations and business plan; our inability to maintain the listing
of our securities on a major securities exchange; the potential
lack of market acceptance of our products; potential competition
from other providers and products; our inability to retain key
members of our management team; the future success of Infomedia and
our ability to receive value from its stock; our ability to
continue as a going concern; our liquidity and other risks and
uncertainties and other factors discussed from time to time in our
filings with the Securities and Exchange Commission ("SEC"),
including our annual report on Form 10-K filed with the SEC on
March 16, 2015. Vringo expressly disclaims any obligation to
publicly update any forward-looking statements contained herein,
whether as a result of new information, future events or otherwise,
except as required by law.
Contacts:
Investors and Media:
Cliff Weinstein
Executive Vice President
Vringo, Inc.
646-532-6777
cweinstein@vringoinc.com
This
announcement is distributed by NASDAQ OMX Corporate Solutions on
behalf of NASDAQ OMX Corporate Solutions clients.
The issuer of this announcement warrants that they are solely
responsible for the content, accuracy and originality of the
information contained therein.
Source: Vringo, Inc. via Globenewswire
HUG#1960681
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