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Vringo, Inc. Message Board

  • bmartin8742004 bmartin8742004 Jan 18, 2013 8:08 AM Flag

    By Law, USPTO Re-exam Results Do Not Impact/Delay Awards

    Sift through the misinformation people. Initial USPTO re-exam request by GOOG may have been accommodated by Judge Jackson (assumption), however, GOOG's request fell on mostly deaf ears as only 3 of 4 were validated and remaining re-exam likely take until 2015. US Federal District Court does not wait for these and any awards issued for patent infringement, which has been proven by jury, is not only not delayed, but is also not returned if later found by the USPTO to be invalid. Coincidentally, and to VRNG's benefit, the likely re-exam result period corresponds with about the shelf-life remaining of the patent in question or, in other words, it corresponds with the period GOOG will likely be paying a running royalty to VRNG for infringement. One additional thought: since only 1/4 of the re-exam requests was confirmed to be re-examined, GOOG has additional egg on its face and lost additional leverage as they can no longer claim 4 of the patents are being requested to be re-examined. With only 1 re-exam outstanding, it is likely just a mitigating bargaining chip for settlement discussions between the 3.5% and 7% running royalties.

    Sentiment: Strong Buy

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