LYogi

LYogi
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  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    Hi Mike,

    I am certainly not of Vito's caliber however initial thoughts to your questions are as follows:

    1. You are correct that it is very difficult, if not downright prohibited for a Non-Practicing Entity to secure an injunction in patent disputes. So perhaps from a legal standpoint Vringo's management thought that if they can diversify the company (also remember Lang's new start up was brought into the fold) that they would have an easier time securing injunctions.

    Note: I am not certain if a practicing-entity who seeks an injunction must have competing business (hence need to stop the sales of infringing products) or just be practicing the business of something. On its face I don't think these recent acquisitions would sway the court to allow an injunction, especially considering the acquisition occurred very late in the litigation vs. ZTE.

    Having said that, recall that insofar as the NDA breach the contract itself called for the use of an injunction should monetary damages not prove to be sufficient. The recent disclosure of Google and Huawei being involved may go to show that there will be irreparable harm warranting an injunction. In other jurisdictions, such as Brazil and Romania, we know that non-practicing entities can indeed secure preliminary injunctions and these have been hurting ZTE by their own admissions.

    Secondly, from a listen of the conference call the acquired companies solicited Vringo for advice on enforcing patents and once Vringo's management saw the technology of FliCharge they became very interested in buying the patents and tech. They obviously see that there is a huge future for these products otherwise whey would they dilute and 'sell low' when as you adeptly pointed out the 11.4% of shares could soon translate into hundreds of millions if not more!

    I agree that it is a touch concerning that they diluted to buy at this point in time but on the other hand it shows a huge boost of confidence in Vringo's long-term value if the founders of FliCharge were willing to sell out for approx $4million.

    It will all come down to monetizing the patents and being able to increase sales and product lines for FliCharge technology. From a quick study it appears that there will be a place for conductive wireless charging in situations that require mass-charging, such as public places, schools, etc.

    Also encouraging to see they have some automotive partners already on board with the technology.
    Oct 18, 2015. 04:45 PM | 3 Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    This has all the markings of tortious interference.

    Assuming that incriminating documents showing Google and Huawei intentionally took action to harm Vringo's bargaining power with ZTE, the biggest hurdle will be showing that there was a valid contract.

    Vringo and ZTE were in negotiations which should have been private and confidential via the NDA. Whether tortious interference extends to intentional harm during the negotiating process but before a contract is formed needs to be examined.

    There may be cases where this tort offence was extended to similar situations where a third party took action to weaken the bargaining power in a contract negotiation they had no business with (but clearly had a self-serving interest in doing so)

    My intuition says that Google and Huawei are in big trouble here.
    Oct 17, 2015. 08:40 PM | 1 Like Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    This has all the markings of tortious interference.

    Assuming that incriminating documents showing Google and Huawei intentionally took action to harm Vringo's bargaining power with ZTE, the biggest hurdle will then be showing that there was a valid contract.

    Vringo and ZTE were in negotiations which should have been private and confidential via the NDA. Whether tortious interference extends to intentional harm during the negotiating process but before a contract is formed needs to be examined.

    There may be cases where this tort offence was extended to similar situations where a third party took action to weaken the bargaining power in a contract negotiation they had no business with (but clearly had a self-serving interest in doing so)

    My intuition says that Google and Huawei are in big trouble here.
    Oct 17, 2015. 08:39 PM | 1 Like Like |Link to Comment
  • Supreme Court Decision Hammers Vringo Stock, All Eyes Now On ZTE  [View article]
    What Vringo's motion could bring to light is a claim vs. Google and Huawei of Tortious Interference:

    Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised. The classic example of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract.

    Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.

    In either of the above situations, the tortfeasor's conduct typically is intentional. There have been assertions that there is no cause of action for merely negligent interference with the performance of a contract or with prospective business advantage.[1] That statement is incorrect, however, for some jurisdictions recognize such claims[2] although many do not.[3]

    -Wiki
    Oct 17, 2015. 08:03 PM | Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    What Vringo's motion for discovery could bring to light is a claim vs. Google and Huawei of Tortious Interference:

    Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised. The classic example of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract.

    Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.

    In either of the above situations, the tortfeasor's conduct typically is intentional. There have been assertions that there is no cause of action for merely negligent interference with the performance of a contract or with prospective business advantage.[1] That statement is incorrect, however, for some jurisdictions recognize such claims[2] although many do not.[3]

    -Wiki
    Oct 17, 2015. 08:02 PM | 2 Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    No, news broke after the market had closed.
    Oct 16, 2015. 07:40 PM | 4 Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    Sergey and Larry better start googling 'Karma' because it is about to come back and bite them in the keister.

    Vringo counsel are trying to establish 'irreparable harm' which is necessary in order to obtain an injunction against ZTE for breaching NDA. (damages that cannot be rectified monetarily)

    HUGE HUGE HUGE
    Oct 16, 2015. 07:32 PM | 6 Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    WOW.
    Oct 16, 2015. 07:25 PM | 3 Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    Only that they remain stubborn and refuse to negotiate in good faith.
    Oct 16, 2015. 01:51 PM | Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    yes there was a lot in the call.

    Talked about the benefits to conductive vs. inductive wireless charging and the potential and planned applications of their new acquisitions as well as thorough and clear updates to the worldwide litigation vs. ZTE.
    Oct 16, 2015. 01:27 PM | 2 Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    Listen to the conference call here: http://bit.ly/1LSsDDC
    Oct 16, 2015. 12:53 PM | 3 Likes Like |Link to Comment
  • It's Game Over, Tesla Wins  [View article]
    Easy:

    Toyota Miri
    Hyundai Tuscon
    Honda FCX


    and it is going to grow: http://nbcnews.to/1jsz8Hg

    I'm grabbing my popcorn to sit back and watch how Hydrogen crushes BEV in the next decade.

    It's not even going to be close!!
    Oct 16, 2015. 10:10 AM | 1 Like Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    Definitely part of the reason. Vringo is becoming the go to patent law enforcement firm. Especially once ZTE is brought to its knees.
    Oct 16, 2015. 09:46 AM | 6 Likes Like |Link to Comment
  • Vringo buys wireless charging firm, rugged computer maker; shares +31.2%  [View news story]
    Excellent acquisitions. One must think that it was having confidence in vringo's legal team, despite the loss to Google, that management of IDG decided to throw their lot in Vringo.
    Oct 16, 2015. 09:28 AM | 10 Likes Like |Link to Comment
  • It's Game Over, Tesla Wins  [View article]
    breakthroughs in hydrogen are happening on a regular basis. soon you'll be able to create hydrogen at your home.
    Oct 16, 2015. 12:22 AM | Likes Like |Link to Comment
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