Vringo Inc., the patent monetization company seeking an en banc appeal of an adverse Court of Appeals ruling in I/P Engine v. AOL Inc., Google Inc. et al, said it hired David Boies, chairman of the law firm Boies Schiller & Flexner LLP to assist on the appeal.
New York-based Vringo said in a securities filing that on Sept. 11 it issued 400,000 restricted shares of its common stock to Boies Schiller & Flexner LLP in consideration for his services in the appeal of the adverse ruling against I/P Engine’s by the Court of Appeals for the Federal Circuit.
In a 2-1 ruling, the Federal Circuit threw out a $30.5 million award and 3.5% royalty Vringo won against AOL, Google and others in a jury trial in U.S. District Court for the Eastern District of Virginia. The royalty could have been worth hundreds of millions of dollars to Vringo.
Shares of Vringo plummeted 72% after the Federal Circuit’s decision. They closed at 96 cents yesterday, making the 400,000 shares issued to Boies worth $384,000.
Vringo said Boies will join the legal team led by Joseph R. Re of the the law firm Knobbe Martens Olson & Bear LLP in the proceedings at the Federal Circuit. Boies also will serve as counsel of record in proceedings at the U.S. Supreme Court if the case is appealed to the higher court.
Boies is respected litigator whose cases include defending IBM in a 13-year antitrust case brought by the U.S. Department of Justice and private company competitors. He also represented the Justice Department in its antitrust case against Microsoft Corp., winning a victory at trial before the breakup of the company was overturned on appeal and the George W. Bush administration settled the case.
Boies also joined former Solicitor General Theodore Olson, who opposed him in the famous Bush v. Gore case after the 2000 presidential election, successfully petitioning to overturn California’s Proposition 8 ban on gay marriage. He represented former Vice President Al Gore in Bush v. Gore and represented former President Bill Clinton in his impeachment trial in the Senate.
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