|
|
|
|
||
PR: VRINGO ANNOUNCES ORAL ARGUMENT SET FOR MAY 6, 2014 FOR PATENT INFRINGEMENT CASE AGAINST GOOGLEVRINGO ANNOUNCES ORAL ARGUMENT SET FOR MAY 6, 2014 FOR
PATENT INFRINGEMENT CASE AGAINST GOOGLE BEFORE UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT NEW YORK — March 21, 2014 — Vringo, Inc. (NASDAQ: VRNG) today
announced that the appeal of Vringo's wholly-owned subsidiary I/P Engine,
Inc.'s litigation against AOL, Google et al. (Appeal Nos. 13-1307 and 13-1313)
will be heard May 6, 2014 at 10:00am Eastern, by the United States Court of
Appeals for the Federal Circuit. Oral argument of Defendants' later appeal of the District
Court's award of supplemental damages and post-verdict damages (Appeal Nos.
14-1233 and 14-1289) may be scheduled once those issues have been fully
briefed. Background On November 6, 2012, a jury in U.S. District Court in Norfolk,
Virginia ruled in favor of I/P Engine and against the defendants AOL Inc.,
Google, Inc., IAC Search & Media, Inc., Target Corp., and Gannett Co., Inc.
with respect to defendants' infringement of the asserted claims of U.S. Patent
Nos. 6,314,420 and 6,775,664. After upholding the validity of the
patents-in-suit, and determining that the asserted claims of the patents were
infringed by the defendants, the jury found that reasonable royalty damages
should be based on a "running royalty," and that the running royalty
rate should be 3.5%. The jury also awarded I/P Engine a total of
approximately $30.5 million. On November 20, 2012, the clerk entered the
District Court's final judgment. On January 3, 2014, the District Court
ordered that I/P Engine recover an additional sum of $17.32 million from
Defendants for supplemental damages and prejudgment interest. On January 21, 2014, the District Court ruled that Defendants'
alleged design-around is "nothing more than a colorable variation of the
system adjudged to infringe," and accordingly I/P Engine "is entitled
to ongoing royalties as long as Defendants continue to use the modified
system." On January 28, 2014, the District Court ruled that the
appropriate ongoing royalty rate for Defendants' continued infringement of the
patents-in-suit that "would reasonably compensate [I/P Engine] for giving
up [its] right to exclude yet allow an ongoing willful infringer to make a
reasonable profit" is a rate of 6.5% of the 20.9% royalty base previously
set by the District Court. I/P Engine and Defendants have appealed the case to the Court of
Appeals for the Federal Circuit. The District Court proceedings are
pending in the Eastern District of Virginia, Norfolk Division. The
Appellate proceedings are pending in the United States Court of Appeals for the
Federal Circuit. The court dockets for the foregoing cases are publicly
available on the Public Access to Court Electronic Records website, www.pacer.gov, which is operated by the
Administrative Office of the U.S. Courts. The United States Patent and Trademark Office is currently
considering one request from Google for reexamination of certain claims of one
of the asserted patents. The USPTO has previously upheld the validity of
both of the asserted patents. Documents regarding USPTO proceedings are
publicly available on the Patent Application Information Retrieval website, http://portal.uspto.gov/pair/PublicPair. |
return to message board, top of board |
Msg # | Subject | Author | Recs | Date Posted |
2219 | Re: PR: VRINGO ANNOUNCES ORAL ARGUMENT SET FOR MAY 6, 2014 FOR PATENT INFRINGEMENT CASE AGAINST GOOGLE | mreich | 0 | 3/21/2014 3:54:41 PM |