XpresSpa Group Inc (XSPA)

[Red Angus]

There are a number of problems with ZTE's Memorandum. Just look at ZTE's concluding comments, which highlight their failure to produce the required discovery. Here’s what ZTE states:

Vringo's statement that ZTE is "likely withholding documents" (Vringo Br. 4) is unfounded. In fact, ZTE has informed Vringo that no responsive documents have been withheld to date based on the state secrets review. (Ex. E.) In the unlikely event that ZTE withholds a responsive document from its current production based on Chinese state secrets law, ZTE will promptly give notice to Vringo.

Several obvious problems here:
a) The court and Vringo are supposed to accept ZTE’s unsubstantiated claim that no responsive documents have been withheld to date. But the ability prove or disprove such claim is being denied to Vringo and the court.
b) The determiner of whether a responsive document has been withheld is “based on Chinese state secrets law”. This of course is a joke, as the government works hand in glove with native Chinese corporations.
c) We’re supposed to believe that ZTE’s partner in this---the Chinese Communist government---will declare that “their” company is wrong and American company Vringo is in the right? Really?
d) Even if the unimaginable happens, and the Commies side against their own company, ZTE still doesn’t promise to provide discovery to Vringo---only to “give notice to Vringo”. Big deal. This changes nothing, and ZTE does not even pretend that it will provide the withheld discovery! More game-playing.