Vringo Inc. (VRNG), the patent assertion company run by Andrew Perlman, complained about ZTE Corp. issuing meaningless press releases as part of a war of words connected to the two companies ongoing multi-jurisdictional patent infringement battle.
New York-based Vringo’s statement came a day after its stock dropped 8.23% as some investors sold on concerns that the company could be tossed off the Russell indexes because of its slumping stock price. Shares of Vringo gained 2.79 cents to 64 cents in midday trading after the statement was released.
“With mounting losses in its world-wide dispute with Vringo, ZTE has chosen to issue several immaterial press releases regarding developments from its home jurisdiction,” Vringo said in the statement.
“ZTE's most recent press release regarding the June 1, 2015 hearing of its anti-monopoly lawsuit against Vringo in China (which Vringo disclosed in a public filing a week earlier), is yet another in a series of press releases attempting to obscure the substantial losses that ZTE has suffered in its litigations with Vringo,” the statement added.
Vringo is reminding investors still stinging from yesterday’s drop that it has won several recent legal skirmishes with ZTE, including recent finding by the U.S. District Court for the Southern District of New York that ZTE breached the parties' non-disclosure agreement.
The company also noted that a U.K. High Court ruled found that its EP 1,212,919 patent was valid and infringed by ZTE 3G RNCs and 4G LTE eNodeBs, a decision which ZTE has forfeited its right to appeal.
The company also touted a preliminary injunction issued by a Brazilian court in Rio de Janeiro relating to BR 0013975 enjoining sales of ZTE 3G RNCs and 4G LTE eNodeBs. The injunction was upheld after numerous appeals by ZTE. The Brazilian Patent Office also issued a decision supporting the validity of BR 0013975.
The statement also said ZTE has taken a number of actions against Vringo in China, including its anti-monopoly lawsuit in the Shenzhen Intermediate People's Court and reexaminations of Vringo's Chinese patents.
Vringo asserted that ZTE's anti-monopoly lawsuit is based on settlement materials provided by Vringo under the parties' NDA, which the New York federal court has already determined was a breach by ZTE of the parties' NDA.
In its New York litigation, Vringo is seeking to recover damages including any damages that may be awarded by the Shenzhen court.
“Even in its home jurisdiction, ZTE has not found much success in attacking Vringo's Chinese patents - 14 of Vringo's Chinese patents have been maintained valid, another 2 patents have been found valid-in-part and only 9 patents (still pending appeal) have been found invalid,” the Vringo statement said.
“Yet, ZTE is quick to issue press releases regarding any Chinese reexamination that results in invalidation of a Vringo patent. Such a strategy is consistent with ZTE's pattern of issuing press releases on any perceived victory against Vringo, which includes a ZTE press release regarding an approximate $2,000 fee that Vringo had to pay ZTE in Malaysia.
Vringo officials declined to comment for this article.
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