VRINGO PROVIDES UPDATE ON WORLDWIDE LITIGATION AGAINST ZTE
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.
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.
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