VRINGO PROVIDES UPDATE ON WORLDWIDE LITIGATION AGAINST ZTE
November 05 2015 - 9:00AM
NEW YORK -November 5, 2015-
Vringo, Inc. (NASDAQ: VRNG), a company engaged in the innovation,
development and monetization of intellectual property as well as
the commercialization and distribution of wire-free charging and
rugged computing devices, today provided an update on its global
enforcement actions against ZTE.
The Tribunal de Grande Instance de
Paris issued its judgment in the patent infringement lawsuit
between Vringo's wholly-owned subsidiary, Vringo Infrastructure,
Inc., and ZTE Corporation and its French subsidiary, ZTE France
SASU. The Tribunal found claims 1 to 11 and 13 of
European patent 1,221,212 (the "EP 212 Patent") invalid and
claims 1 to 5 and 10 to 15 of European patent 1,186,119 (the
"EP 119 Patent") not implemented in the relevant standard. Vringo
filed the lawsuit on April 2, 2013, based on particular information
uncovered during a seizure to obtain evidence of infringement,
known as a saisie-contrefaçon, which was
executed at two of ZTE's facilities in France. Vringo plans to
appeal the Tribunal's's judgment; the appeal will be heard
de novo.
The EP 119 Patent has previously
been found infringed by ZTE in Germany, where Vringo has enforced
an injunction against ZTE. That injunction remains in place.
Separately, the 119 patent was previously found valid by the
European Patent office when validity its validity was challenged by
Qualcomm.
"Today, ZTE issued a statement
regarding court rulings in France and the Netherlands.
Our global litigation track record against ZTE speaks for
itself. With so few positive rulings in a worldwide campaign,
ZTE clearly feels a need to recycle news that Vringo has previously
disclosed to its shareholders regarding the Netherlands. We remain
confident in our strategy, and the table below demonstrates that we
have been unceasingly successful in our litigations
against ZTE. ZTE remains enjoined in three countries on
three separate patents and remains an unwilling licensee. Despite
various court orders and expert report findings, ZTE
continues to practice abusive litigation tactics in
courts around the world, including the United States. It
is unrealistic to believe that Vringo will win every ruling or case
but rest assured that we expect to execute and continue our
favorable overall record," said David Cohen, Vringo's Chief Legal
and Intellectual Property Officer.
ZTE's Proven
Infringement of Vringo's Intellectual Property
Country |
Judgment |
Date of Judgment |
Brazil |
Preliminary Injunction issued against ZTE (ZTE has
unsuccessfully attempted to appeal 11 times); Court-appointed
experts have concluded that ZTE has violated the injunction |
April 15, 2014 |
China |
The Patent Re-Examination Board of the State Intellectual
Property Office of the People's Republic of China-ZTE's home
jurisdiction-has upheld the validity of 20 of the 33 Vringo patents
which ZTE has challenged |
Ongoing |
Germany |
ZTE found to infringe EP 119; Permanent Injunction ordered
and enforced; ZTE executives ordered to confirm, by oath, that
ZTE's accounting of infringing devices was not submitted in
contempt of court |
December 17, 2013 |
Germany |
Vringo's EP 919 Patent found valid by German Patents Court
(hearing on infringement scheduled for Q1 2016) |
July 3, 2015 |
India |
ZTE, on a preliminary basis, found to infringe two Vringo
patents; Interim Arrangement ordered, requiring ZTE to pay bonds,
submit accounting of infringing product and revenue therefrom, and
notify Vringo of all relevant imports into India; Contempt Motion
for ZTE's failure to fully report product and revenue therefrom is
pending |
November 8, 2013 (first patent)
February 3, 2014 (second patent) |
Romania |
Preliminary Injunction issued against ZTE (ZTE has
unsuccessfully attempted to appeal 12 times); Romanian Appeals
Court has held that Vringo complies with the terms of the European
Court of Justice ruling in Huawei v. ZTE in
properly seeking injunctive relief on standard essential
patents |
June 30, 2014 |
United Kingdom |
ZTE found to infringe Vringo's EP 919 Patent, the only time
that a standard-essential telecommunications infrastructure patent
has been found valid and infringed in the United Kingdom in the
past ten years; Hearing to determine remedy for ZTE's infringement
scheduled for Q1 2016 |
November 28, 2014 |
United States |
ZTE found to have breached a non-disclosure agreement between
Vringo and ZTE by submitting Vringo settlement offer, marked as
"Confidential - Subject to NDA", to Chinese government; Motion for
Sanctions (potentially case-dispositive) is pending |
April 6, 2015 |
About Vringo,
Inc.
Vringo, Inc. is engaged in the
innovation, development and monetization of intellectual property
as well as the commercialization and distribution of wire-free
charging and rugged computing devices. Vringo's intellectual
property portfolio consists of over 600 patents and patent
applications covering telecom infrastructure, internet search,
ad-insertion, mobile and wire-free charging technologies.
Vringo's subsidiary fliCharge is dedicated to the licensing and
commercialization of wire-free charging technologies. Vringo's
subsidiary Group Mobile is dedicated to the marketing and sale of
rugged computing devices. 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
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