Vringo (VRNG) Will Seek Supreme Court Review of Federal Court Ruling in Google Case
December 15, 2014 12:29 PM EST BUY (= Flat)Vringo (NASDAQ: VRNG) announces that its wholly-owned subsidiary I/P Engine, Inc. will seek review by the U.S. Supreme Court of the U.S. Court of Appeals for the Federal Circuit's split opinion, which issued on August 15, 2014, and reversed a judgment in favor of I/P Engine against Google and certain of Google's customers in the U.S. District Court for the Eastern District of Virginia.
I/P Engine filed a petition requesting that the Federal Circuit rehear the case en banc. Diverse independent groups consisting of law professors, the Boston Patent Law Association, the Medical Device Manufacturers Association, i4i Limited Partnership, which was the prevailing party in a landmark Supreme Court patent case, filed amicus curiae, friend of the court, briefs encouraging the Federal Circuit to rehear this important case. Today, the Federal Circuit determined that it would not rehear the case en banc.
David Boies, Chairman of Boies Schiller & Flexner LLP, will represent I/P Engine in filing a petition for writ of certiorari at the U.S. Supreme Court. "This case presents important questions of patent law and the role of juries in patent cases that require further review. The dissenting opinion is a powerful signal that this case warrants attention," said Mr. Boies. "The Federal Circuit's conclusion that these patents aren't valid cannot be reconciled with the fact that eight different examiners at the U.S. Patent and Trademark Office, the jury that heard evidence in this case for over two weeks, the U.S. District Court judge who presided over the trial, and the dissenting judge at the Federal Circuit all concluded that the patents are valid and should be upheld," Mr. Boies continued.
"I've said for a long time that while we might not be as large or powerful as Google, my co-inventor Don Kosak and I worked hard to develop our technology. Google implemented our invention as part of its AdWords system, and has derived substantial increases in revenue from it without paying any royalties to us. I am honored to have David Boies and his firm as part of our legal team as we seek further review of the Federal Circuit panel's split decision to overturn the judge and jury, who upheld the validity of our patents, concluded that Google infringed them, and determined that Google should pay royalties on the revenue it derived from using our invention," said Ken Lang, President and Chief Technology Officer of Vringo.