--Vringo to gain royalties until patents expire in 2016
--Past damages worth $30 million, well below what Vringo
initially sought
--Google says it will ultimately win the case
(Adds comment from Google in fourth paragraph and other
details.)
By Ben Fox Rubin
Small technology company Vringo Inc. (VRNG) said it was awarded
about $30 million in damages and granted future royalties by a
federal jury in its patent suit against a handful of technology
giants, including Google Inc. (GOOG) and AOL Inc. (AOL).
Vringo was awarded a 3.5% running royalty rate off a portion of
the defendants' search-advertising revenue until the patents expire
in 2016. A person close to the case said the royalties should be
far more significant than the past damages and could be worth
several million dollars a year.
Additionally, the Virginia district court jury found that
Vringo's patents were valid, opening up the possibility of future
lawsuits. The judge still needs to decide the ultimate legal
conclusion on the case, Vringo said.
Vringo, a mobile-technology and intellectual-property company,
sued Google--the primary defendant--as well as AOL,
IAC/InterActiveCorp. (IACI) and others, alleging infringement of
two of its patents used to select and position advertising on
Internet-search results. AOL earlier settled a portion of the suit
for $100,000.
A Google spokesperson said, "We remain confident that the
patents here are invalid, that we did not infringe them, and that
we will ultimately win this case.
Vringo's shares were halted for the verdict, but recently
resumed trading and are down 5.4% at $3.74.
"We are pleased that the jury found the patents to be infringed
and valid," Vringo Chief Executive Andrew Perlman said.
The stock has moved wildly since the patent trial began last
month, sinking 36% last Wednesday after the judge in the case ruled
that Vringo couldn't be awarded a large chunk of the past damages
it sought, citing a long delay in filing its patent claim. The
company had sought $696 million in past damages, but that amount
was later trimmed to $493 million. The stock reversed its huge loss
Monday, after a jury question on damages fed speculation of a
Vringo win.
The jury said past damages should be $15.8 million from Google,
$7.9 million from AOL, $6.7 million from IAC, $98,800 Target Corp.
(TGT) and $4,300 from Gannett Co. (GCI).
Vringo was founded in 2006 with a focus on mobile technology,
but in March it agreed to merge with privately held
Innovate/Protect, which now controls most of the company and
brought it into the intellectual property industry.
Innovate/Protect, which bought the two contested patents from Lycos
along with six others for $3.2 million, has alleged that the
technology it owns is widely used in the search industry.
Investor enthusiasm for the merged company came quickly and
included a major investment from billionaire Mark Cuban. Bolstering
its intellectual property business, Vringo in August bought several
hundred patents and patent applications from struggling cellphone
company Nokia Corp. (NOK, NOK1V.HE) for $22 million, then last
month sued Chinese telecommunications company ZTE Corp.'s(ZTCOY,
0763.HK, 000063.SZ) U.K. unit, alleging patent infringement of some
of those newly acquired patents.
Vringo had been able to use its higher profile from the merger
and Google suit to raise tens of the millions of dollars in recent
stock offerings, allowing it to strengthen its financial position.
The company, which has a market value of about $299 million,
currently has about 27 employees in New York and Israel.
Write to Ben Fox Rubin at ben.rubin@dowjones.com.
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