Vringo, Inc. : VRINGO PROVIDES UPDATE ON U.S. PATENT & TRADEMARK OFFICE PROCEEDINGS 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 email@example.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
Vringo, Inc. : VRINGO PROVIDES UPDATE ON U.S. PATENT & TRADEMARK OFFICE PROCEEDINGS
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