Vringo Updates On Litigation

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Our wholly-owned subsidiary I/P Engine's case against AOL
AOL
, Google and others is proceeding in U.S. District Court and the Court of Appeals for the Federal Circuit. 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 with respect to the 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. I/P Engine and the defendants have appealed the case to the Court of Appeals for the Federal Circuit. AOL, Google et al. filed their opening brief on July 22, 2013, and the brief is publicly available on PACER. I/P Engine's brief is due on September 3, 2013. On August 1, 2013, the District Court found that I/P Engine is entitled to supplemental damages from October 1, 2012 to November 20, 2012; prejudgment interest from September 15, 2011 to November 20, 2012; and post-judgment interest for Defendants' infringement. The amounts for each of the foregoing shall be determined by the District Court. I/P Engine's motion for an award of post-judgment royalties is pending in the District Court. Google
GOOG
has submitted requests to the United States Patent and Trademark Office for ex parte reexamination of certain claims of the two asserted patents. On July 24, 2013, the USPTO issued a notice that it will issue a certificate confirming that all of the claims in the '420 patent challenged by Google remain valid and unchanged. The '664 patent remains subject to reexamination. Vringo
VRNG
Infrastructure v. ZTE Litigation As of today, our wholly-owned subsidiary Vringo Infrastructure has filed cases against ZTE Corporation's subsidiaries in four countries with patents from seven distinct patent families. § In the United Kingdom, Vringo Infrastructure filed two cases and asserted three patents in each case related to both infrastructure equipment and handsets. The first trial is expected in the second half of 2014. § In Germany, Vringo Germany GmbH asserted two patents related to infrastructure equipment. The hearing on infringement is scheduled for October 15, 2013. § In France, Vringo Infrastructure asserted two patents related to infrastructure equipment. A scheduling hearing was held on June 25, 2013 and a trial date is forthcoming. § In Australia, Vringo Infrastructure asserted two patents related to infrastructure equipment, handsets and tablets. The pleadings should be completed by mid-October of 2013. On May 15, 2013, Vringo Infrastructure provided ZTE with a term sheet providing for the terms under which it would license its standard essential patents. The term sheet can be found here: http://bit.ly/1c2ZqHH. On July 3, 2013, Vringo Infrastructure learned that the Patent Reexamination Board of the Patent Office of the People's Republic of China upheld the validity of one of its patents that ZTE sought to invalidate through re-examination.
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