Vringo Inc. (VRNG), the patent licensing company run by CEO Andrew Perlman, said a Romanian court handed it victory in its long-running multi-jurisdictional infringement action against ZTE Corp. by denying the Chinese telecommunication giant’s motion for a preliminary injunction needed to resume commercial production 4G LTE equipment in Romania.
The ruling by the Bucharest Tribunal in Romania left in place a preliminary injunction granted to Vringo Infrastructure, which prevents ZTE Romania from selling its equipment in Romania.
ZTE Romania has the right to appeal the decision, Vringo said.
Officials from Shenzhen, China based ZTE couldn’t be reached for comment.
Shares of Vringo gained 2 cents to 70 cents in midday trading.
“This decision marks the most recent in a series of failed attempts by ZTE Romania to overturn or circumvent the preliminary injunction against ZTE Romania,” said David Cohen, Vringo’s chief legal and IP officer in a statement.
Cohen asserted that ZTE Romania’s license proposal does not qualify as fair, reasonable and non-discriminatory, or FRAND.
“Many of the licensing terms are over-reaching and well outside industry norms,” he said.
New York-based Vringo said it has twice offered term sheets for a global license to its standard-essential patent portfolio to ZTE Corp., the parent company of ZTE Romania.
Vringo has also offered to have a UK court, a United States court, as well as a neutral arbitration panel determine the terms of such a global license.
Each time, ZTE has refused and/or attempted to stall any third party determination of a license on FRAND terms.
“ZTE’s refusal is inconsistent with the model established in the European Commission’s Samsung case.,” the company said in the statement.
Finally, Vringo said although it has provided ZTE with a complete global license agreement for its review, the Chinese company has refused to discuss this offer.
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