ROMANIAN COURT UPHOLDS INJUNCTION AGAINST ZTE ROMANIA
Preliminary Injunction Has Been Challenged and Upheld 8 times
NEW YORK -July 13, 2015- Vringo, Inc. (NASDAQ: VRNG), a company engaged in the innovation, development and monetization of intellectual property, today announced that on July 10, 2015, the Bucharest Court of Appeal denied ZTE Romania's latest attempt to overturn Vringo's preliminary injunction against ZTE Romania.
Since July 30, 2014, Vringo's preliminary injunction has restrained ZTE Romania from commercializing any 4G LTE mobile phone or infrastructure equipment manufactured by ZTE Corporation which incorporates 4G LTE technology.
In early 2015, ZTE Romania sent a proposed license to Vringo. Since then, ZTE Romania has sought to force Vringo to accept the license as-is. Unlike Vringo, ZTE Romania has been unwilling to negotiate the terms of the license. Unable to force Vringo to accept its license, ZTE Romania then filed an action against Vringo asking the Bucharest Tribunal, 3rd Civil Division to order Vringo to allow ZTE Romania to commercialize any 4G LTE mobile phone or infrastructure equipment manufactured by ZTE Corporation which incorporates 4G LTE technology. The Bucharest Tribunal denied ZTE Romania's request and ZTE Romania subsequently appealed to the Bucharest Court of Appeal.
On appeal, ZTE argued that (1) Vringo acted in bad faith with regard to the parties' licensing discussions, (2) the preliminary injunction results in the inability for ZTE Romania to perform its obligations under its agreement with Telekom Romania, part of a global agreement between Deutsche Telekom AG and ZTE Corporation, as a result of ZTE Romania's inability to deliver equipment and related services necessary for the upgrade/replacement of the existing 2G and 3G network of Telekom Romania and the set-up of a 4G LTE network, with the final objective of delivery of a fully operational 2G, 3G and 4G LTE network, and (3) the imminent damage caused to ZTE Romania as a result of the injunction was over €40 million and that such damages, together with ZTE Romania's inability to carry out its activities in Romania, will result in ZTE Romania's elimination from the Romanian market.
After considering the merits of ZTE Romania's arguments, including the parties' licensing discussions, the Bucharest Court of Appeal denied ZTE Romania's appeal as ungrounded.
Following this latest rejection of ZTE Romania's attempt to overturn the preliminary injunction, ZTE Romania remains enjoined from commercializing any 4G LTE mobile phone or infrastructure equipment manufactured by ZTE Corporation which incorporates 4G LTE technology.
In addition, based on documents obtained by Vringo, Vringo is investigating whether ZTE Romania and its retailers have violated the preliminary injunction. Vringo is currently assessing the legal remedies available to cure any violation.
About Vringo, Inc.
Vringo, Inc. is engaged in the innovation, development and monetization of intellectual property and mobile technologies. Vringo's intellectual property portfolio consists of over 600 patents and patent applications covering telecom infrastructure, internet search, and mobile technologies. The patents and patent applications have been developed internally, and acquired from third parties. 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 online search firms and other companies; 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