COURT GRANTS INJUNCTION AGAINST ZTE IN INDIA FOR INFRINGEMENT OF VRINGO PATENT
(Thomson Reuters ONE) -
ZTE Enjoined from Manufacturing, Importing, Selling, Offering for Sale, Using,
and Advertising Infringing Products, Including Mobile Handsets, Dongles,
Tablets, and Infrastructure Equipment
NEW YORK - November 22, 2013 - Vringo, Inc. (NASDAQ: VRNG), a company engaged in
the innovation, development and monetization of intellectual property and mobile
technologies, today announced that the High Court of Delhi at New Delhi granted
an injunction against ZTE Telecom India Private Limited, ZTE Corporation, and Xu
Dejun, Chief Executive Officer of ZTE Telecom India Private Limited, for
infringement of India Patent No. 243,980, which is owned by Vringo's wholly-
owned subsidiary, Vringo Infrastructure, Inc.
Vringo filed suit in the High Court of Delhi at New Delhi on November 7, 2013.
The lawsuit alleges infringement of the '980 patent, entitled "Mobile Station
Operable with Radio Access Network and a Packet Data Serving Node and a Method
for Operating Such Mobile Station." The '980 patent is a standard essential
patent for CDMA2000 technology, including mobile handsets, dongles, tablets, and
infrastructure equipment.
The High Court found that Vringo has made out a prima facie case of
infringement, and granted Vringo an ex-parte ad-interim injunction order
restraining ZTE from manufacturing, importing, selling, offering for sale,
using, advertising (either directly or indirectly including through third party
websites) infringing products, including mobile handsets, dongles, tablets, and
infrastructure equipment compliant with the CDMA2000 technology associated with
the '980 patent in India. The injunction order also authorizes Indian customs
authorities to notify Vringo when such goods are imported into India,
subsequently allowing Vringo to petition for the suspension of clearance of the
goods. Additionally, the order directs local commissioners to visit ZTE premises
in India and prepare an inventory of all infringing products located therein.
Such visits began on November 18, 2013.
Background on Vringo v. ZTE Global Litigation
On September 25, 2012, Vringo sent a letter to ZTE asking if it wished to take a
global license for Vringo's standard essential patents and others on fair and
reasonable terms. ZTE has not responded to this letter. The letter can be found
at: http://1.usa.gov/QEGjaw.
Vringo, through its wholly-owned subsidiaries, has filed seven patent
infringement cases against ZTE Corporation and its subsidiaries in four
countries, and a preliminary inquiry in Spain. The asserted patents relate to
wireless infrastructure and handsets, and span seven distinct patent families.
* In the United Kingdom, Vringo Infrastructure filed two cases and asserted
three patents in each case related to both infrastructure equipment and
handsets. The first trial is expected in the second half of 2014.
* In Germany, Vringo Germany GmbH asserted two patents related to
infrastructure equipment. The infringement hearing for EP 1,186,119 was
held on November 12, 2013, and the Court stated that it would render its
decision on December 17, 2013 at 9:00 a.m. German local time. The
infringement hearing for EP 1,212,919 relating to the infringement of ZTE
3G and 4G LTE infrastructure equipment is scheduled for the first half of
2014.
* On September 13, 2013, Vringo Germany GmbH also asserted EP0,748,136, a
patent directed to devices, including those with hotspot functionality, that
provide data services between two different wireless/cellular network.
* In France, Vringo Infrastructure asserted two patents related to
infrastructure equipment. An oral hearing on the merits will be held on
December 8, 2013.
* In Australia, Vringo Infrastructure asserted two patents related to
infrastructure equipment, handsets and tablets.
* In Spain, the Court notified the parties of its Ruling granting the
application filed by Vringo to perform preliminary inquiries (discovery)
against ZTE in Spain on the basis of the likely infringement of the Spanish
part of European Patent 1,186,119. ZTE is required to deliver to Vringo
discovery materials related to ZXSDR Base Stations, which Vringo alleges
were introduced and distributed in Spain during the last five years.
On May 15, 2013, Vringo Infrastructure provided ZTE with a term sheet providing
for the terms under which it would license its standard essential patents. The
term sheet can be found at: http://bit.ly/1c2ZqHH.
On July 3, 2013, Vringo Infrastructure learned that the Patent Reexamination
Board of the Patent Office of the People's Republic of China upheld the validity
of one of its patents that ZTE sought to invalidate through re-examination.
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 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.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 online search firms and other companies; 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; 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; 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
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Datum: 22.11.2013 - 15:00 Uhr
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