VRINGO PROVIDES UPDATE ON U.S. PATENT & TRADEMARK OFFICE PROCEEDINGS
(Thomson Reuters ONE) -
NEW YORK - May 3, 2013 - Vringo, Inc. (NASDAQ: VRNG), a company engaged in the
innovation, development and monetization of mobile technologies and intellectual
property, today provided an update on proceedings at the U.S. Patent and
Trademark Office (USPTO) regarding patents owned by its wholly owned subsidiary,
I/P Engine, Inc. This summary is qualified in its entirety by the USPTO
proceedings.
Background
I/P Engine asserted two patents originally acquired from Lycos, Inc., U.S.
Patent Nos. 6,314,420 and 6,775,664, against AOL Inc., Google, Inc., IAC Search
& Media, Inc., Gannett Company, Inc., and Target Corporation (collectively,
"Defendants").
On November 6, 2012, the jury unanimously returned a verdict as follows: (i) I/P
Engine had proven by a preponderance of the evidence that the Defendants
infringed the asserted claims of both of the patents; and (ii) Defendants had
not proven by clear and convincing evidence that the asserted claims of the
patents are invalid by anticipation. The jury also found certain specific facts
related to the ultimate question of whether the patents are invalid as obvious.
Based on such facts, on November 20, 2012, the U.S. District Court issued a
ruling that the patents-in-suit were not invalid as obvious, and the clerk
entered the Court's final judgment.
Google has filed three separate re-examinations of the asserted patents at the
USPTO, one request against the '420 patent and two requests against the '664
patent. Requests for re-examinations are a standard tactic used by defendants in
patent litigation cases.
The '420 Patent
On March 15, 2012, Google submitted a request to the USPTO for ex parte
reexamination of U.S. Patent No. 6,314,420, one of the two patents-in-suit. The
request was deposited on March 16, 2012 and was assigned Control No.
90/009,991. On July 18, 2012, the USPTO issued a determination ordering a
reexamination. On September 25, 2012, the USPTO issued a first, non-final
office action where it adopted the rejections proposed by Google. Today, the
USPTO notified I/P Engine that examiners assigned to the re-examination
maintained their rejections of the claims of the '420 patent. I/P Engine will
continue to follow the USPTO procedures to uphold the validity of the '420
patent, including filing an appeal to the Board of Patent Appeals and
Interferences of the USPTO.
The '664 Patent
On November 28, 2012, Google submitted a request to the USPTO for ex parte
reexamination of U.S. Patent No. 6,775,664, the other of the two patents-in-
suit. The request was assigned Control No. 90/012,722. On January 17, 2013, the
USPTO issued a determination ordering a reexamination, but found that three of
the prior art references identified by Google were not considered prior art to
the '664 patent.
In an effort to have those three prior art references considered in a
reexamination request of U.S. Patent No. 6,775,664, Google filed a second
reexamination request of that patent on February 8, 2013. On March 7, 2013, the
USPTO issued a determination ordering a reexamination based on the three
additional references. The reexamination was assigned Control No. 90/012,791.
I/P Engine expects that the two reexaminations of U.S. Patent No. 6,775,664 may
be merged into a single proceeding. Further action from the USPTO is expected,
including either a Notice of Intent to Issue a Reexamination Certificate
affirming the patentability of all subject claims or a First Non-Final Office
Action.
Additional Information
The court dockets for I/P Engine's proceedings in U.S. District Court and at the
Court of Appeals for the Federal Circuit are publicly available on the Public
Access to Court Electronic Records website, http://www.pacer.gov, which is
operated by the Administrative Office of the U.S. Courts.
Documents regarding USPTO proceedings are publicly available on the Patent
Application Information Retrieval website,
http://portal.uspto.gov/pair/PublicPair, which is operated by the USPTO.
About Vringo, Inc.
Vringo, Inc. is engaged in the innovation, development and monetization of
mobile technologies and intellectual property. Vringo's intellectual property
portfolio consists of over 500 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. Vringo operates a global platform for the distribution of mobile
social applications and services. For more information, visit:
www.vringoIP.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:
the inability to realize the potential value created by the merger with
Innovate/Protect for our stockholders; our inability to raise additional capital
to fund our combined operations and business plan; our inability to monetize and
recoup our investment with respect to patent assets that we acquire; our
inability to maintain the listing of our securities on NASDAQ; the potential
lack of market acceptance of our products; our inability to protect our
intellectual property rights; potential competition from other providers and
products; our inability to license and monetize the patents owned by our
subsidiaries, including the outcome of the litigation against online search
firms and other companies; our inability to monetize and recoup our investment
with respect to patent assets that we acquire; 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 21, 2013. 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(at)vringoinc.com
This announcement is distributed by Thomson Reuters on behalf of
Thomson Reuters clients. The owner of this announcement warrants that:
(i) the releases contained herein are protected by copyright and
other applicable laws; and
(ii) they are solely responsible for the content, accuracy and
originality of the information contained therein.
Source: Vringo, Inc. via Thomson Reuters ONE
[HUG#1699309]
Unternehmensinformation / Kurzprofil:
Datum: 03.05.2013 - 19:48 Uhr
Sprache: Deutsch
News-ID 256074
Anzahl Zeichen: 8279
contact information:
Town:
New York
Kategorie:
Business News
Diese Pressemitteilung wurde bisher 215 mal aufgerufen.
Die Pressemitteilung mit dem Titel:
"VRINGO PROVIDES UPDATE ON U.S. PATENT & TRADEMARK OFFICE PROCEEDINGS"
steht unter der journalistisch-redaktionellen Verantwortung von
Vringo, Inc. (Nachricht senden)
Beachten Sie bitte die weiteren Informationen zum Haftungsauschluß (gemäß TMG - TeleMedianGesetz) und dem Datenschutz (gemäß der DSGVO).
