NEW YORK - January 31, 2014 - 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.
Today, the USPTO issued a first, non-final rejection of the challenged claims in U.S. Patent No. 6,314,420, which is one of the two patents asserted in litigation against Google, as described below.
This result is not unlike the previous three proceedings that Google initiated, which were ultimately resolved in I/P Engine`s favor following I/P Engine`s submission of rebuttal responses and meetings with the Examiners.
The USPTO has previously issued a reexamination certificate confirming that all of the claims of U.S. Patent No. 6,775,664, the other patent asserted in litigation against Google, remain valid and unchanged, and no reexaminations are pending with respect to the `664 patent.
I/P Engine will continue to follow the USPTO procedures to uphold the validity of the `420 patent.
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.
Requests for re-examination are a standard tactic used by defendants in patent litigation cases. Google has filed four separate requests for re-examination of the asserted patents at the USPTO, with the two requests on the `664 patent being merged. To date, three of the re-examinations have been resolved in I/P Engine`s favor.
On December 13, 2013, the USPTO issued a reexamination certificate confirming that all of the claims of U.S. Patent No. 6,775,664 remain valid and unchanged. U.S. Patent No. 6,185,558 (the Bowman reference) was of record in these proceedings.
On September 13, 2013, the USPTO issued a reexamination certificate confirming that all of the claims of U.S. Patent No. 6,314,420 remain valid and unchanged. Thereafter, Google filed an additional request for re-examination of the `420 patent based solely on the Bowman reference.
This summary is qualified in its entirety by the USPTO proceedings.
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 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. 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 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; the future success of Infomedia and our ability to receive value from its stock; 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.
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