Monday, December 16, 2013 1:03:38 PM
ZTE Ordered To Pay Bond of 50 Million Rupees and To Provide Accounting of
Infringing Products for Past and Future
NEW YORK - December 16, 2013 - Vringo, Inc. (NASDAQ: VRNG), a company engaged in
the innovation, development and monetization of intellectual property and mobile
technologies, today announced that the High Court of Delhi at New Delhi has
ordered an expedited trial in Vringo's lawsuit against ZTE.
According to the Court's order:
The trial shall be completed within six months from the first day when the
matter is listed before the local commissioner. The learned Single Judge may
take-up the matter after completion of trial on an expedited basis.
The order follows the High Court's grant of an ex-parte ad-interim injunction on
November 8, 2013, restraining ZTE from manufacturing, importing, selling,
offering for sale, using, advertising (either directly or indirectly including
through third party websites) infringing products, including mobile handsets,
dongles, tablets, and infrastructure equipment compliant with the CDMA2000
technology associated with India Patent No. 243,980, owned by Vringo's wholly-
owned subsidiary, Vringo Infrastructure, Inc.
Vringo filed a suit against ZTE Telecom India Private Limited, ZTE Corporation,
and Xu Dejun, Chief Executive Officer of ZTE Telecom India Private Limited, in
the High Court of Delhi at New Delhi on November 7, 2013. The lawsuit alleges
infringement of the '980 patent, titled "Mobile Station Operable with Radio
Access Network and a Packet Data Serving Node and a Method for Operating Such
Mobile Station."
In preparation for the expedited hearing, the High Court has set a schedule for
pleadings and discovery and has appointed a commissioner to oversee the process
of recording of evidence at the trial stage. Following a hearing, on December
12, 2013, the High Court passed a consent order ordering ZTE to pay a bond of
50 million rupees (approximately $800,000 USD) in place of the ex-parte ad-
interim injunction. Further, ZTE Corporation and ZTE Telecom India Private
Limited are required to file an affidavit of one of their Directors disclosing
the number of CDMA devices sold by the ZTE entities in India and the revenues
earned from such sales, along with appropriate documents such as invoices and
bills of entry supporting the same for both past and future periods. The Court
permitted Vringo to seek additional relief upon its review of the quantum of
ZTE's sales pursuant to the foregoing disclosure. The Court further directed
that the Indian Customs authorities continue to notify Vringo when all relevant
ZTE goods are imported into India and give Vringo the opportunity to inspect
such goods.
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