Vringo, Inc. : VRINGO PROVIDES UPDATE ON U.S. PATENT & TRADEMARK OFFICE
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.
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
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.
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:
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.
Investors and Media:
Executive Vice President
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(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
information contained therein.
Source: Vringo, Inc. via Thomson Reuters ONE
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