18.11.2015 14:45:13
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BRAZIL'S HIGHEST COURT FOR NON-CONSTITUTION MATTERS UPHOLDS PRELIMINARY INJUNCTION AGAINST ZTE
Twelfth Instance In Which A Brazilian Court Has Upheld Preliminary Injunction Against ZTE
NEW YORK -November 18, 2015- Vringo, Inc. (NASDAQ: VRNG), a company engaged in the innovation, development and monetization of intellectual property as well as the commercialization and distribution of wire-free charging and rugged computing devices, today announced that for the twelfth time, a Brazilian Court has denied ZTE's request to overturn the preliminary injunction which was granted on April 15, 2014.
On April 15, 2014, the 5th Business Trial Court of the State of Rio de Janeiro granted Vringo's request for an ex-parte preliminary injunction against ZTE, ordering ZTE to cease commercializing 3G and 4G infrastructure technology in Brazil.
Since that date, ZTE has attempted, unsuccessfully, to have the preliminary injunction overturned twelve times. ZTE has done so by petitioning five separate courts, utilizing a wide variety of procedural mechanisms, and re-litigating the same issues.
In this instance, ZTE, for the first time, had petitioned the Superior Court of Justice, Brazil's highest court for non-constitutional matters, to overturn an earlier ruling by the Rio de Janeiro State Court of Appeals, which rejected a previous ZTE attempt to overturn the preliminary injunction.
In its ruling, the Superior Court of Justice affirmed the decision of the Rio de Janeiro State Court of Appeals, which held that to delay relief to Vringo would present "effective irreparable harm" to Vringo's legal rights, and that ZTE, in seeking to overturn the preliminary injunction, had not adequately presented an argument that it does not infringe Vringo's patent-in-suit.
Following this latest rejection of ZTE's attempt to overturn the preliminary injunction, ZTE remains enjoined from commercializing 3G and 4G infrastructure technology in Brazil and Vringo remains able to enforce the preliminary injunction.
In addition, according to a report prepared by court-appointed experts following a December 1, 2014 raid of ZTE's warehouse in Hortolândia, São Paulo, Brazil, ZTE has sold at least 360 components in violation of the preliminary injunction and failed to produce several accounting and tax documents that ZTE had been specifically ordered to produce during the raid.
About Vringo, Inc.
Vringo, Inc. is engaged in the innovation, development and monetization of intellectual property as well as the commercialization and distribution of wire-free charging and rugged computing devices. Vringo's intellectual property portfolio consists of over 600 patents and patent applications covering telecom infrastructure, internet search, ad-insertion, mobile and wire-free charging technologies. Vringo's subsidiary fliCharge is dedicated to the licensing and commercialization of wire-free charging technologies. Vringo's subsidiary Group Mobile is dedicated to the marketing and sale of rugged computing devices. For more information, visit: www.vringo.com.
Forward-Looking Statements
This press release includes forward-looking statements, which may be identified by words such as "believes," "expects," "anticipates," "estimates," "projects," "intends," "should," "seeks," "future," "continue," or the negative of such terms, or other comparable terminology. Forward-looking statements are statements that are not historical facts. Such forward-looking statements are subject to risks and uncertainties, which could cause actual results to differ materially from the forward-looking statements contained herein. Factors that could cause actual results to differ materially include, but are not limited to: our inability to license and monetize our patents, including the outcome of the litigation against ZTE and other companies; our inability to recognize the anticipated benefits of the acquisition of IDG, which may be affected by, among other things, competition, our ability to secure advantageous licensing and sales agreements, market acceptance of IDG's technology, potential technology obsolescence, protection of intellectual property rights and potential liability risks that are inherent in the marketing and sale of products used by consumers; our inability to monetize and recoup our investment with respect to patent assets that we acquire; our inability to develop and introduce new products and/or develop new intellectual property; our inability to protect our intellectual property rights; new legislation, regulations or court rulings related to enforcing patents, that could harm our business and operating results; unexpected trends in the mobile phone and telecom infrastructure industries; our inability to raise additional capital to fund our combined operations and business plan; our inability to maintain the listing of our securities on a major securities exchange; the potential lack of market acceptance of our products; potential competition from other providers and products; our inability to retain key members of our management team; the future success of Infomedia and our ability to receive value from its stock; our ability to continue as a going concern; our liquidity and other risks and uncertainties and other factors discussed from time to time in our filings with the Securities and Exchange Commission ("SEC"), including our annual report on Form 10-K filed with the SEC on March 16, 2015. Vringo expressly disclaims any obligation to publicly update any forward-looking statements contained herein, whether as a result of new information, future events or otherwise, except as required by law.
Contacts:
Investors and Media:
Cliff Weinstein
Executive Vice President
Vringo, Inc.
646-532-6777
cweinstein@vringoinc.com
The issuer of this announcement warrants that they are solely responsible for the content, accuracy and originality of the information contained therein.
Source: Vringo, Inc. via Globenewswire
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