Progress Continues Towards Monetizing Intellectual Property Rights
BETHESDA, MD / ACCESSWIRE / July 15, 2015 / Spherix Incorporated (NASDAQ: SPEX) an intellectual property development company committed to the fostering and monetization of intellectual property, today provided a summary review of the company’s pending litigation cases.
Anthony Hayes, Chief Executive Officer of Spherix, stated, “We are providing today’s update as part of our ongoing commitment to keeping our shareholders and interested parties informed about the status of our pending litigation. As always, schedules and dates are subject to change in each of our cases as we continue to vigorously pursue enforcement and protection of our intellectual property rights.”
Currently, the company is pursuing claims in six active lawsuits filed in several jurisdictions, asserting claims across multiple technology protocols. While each of these cases are in varying stages of the process, all remain open, active and are moving forward towards a final resolution. Those lawsuits include:
Cordless Phone Technology
– Spherix Incorporated v. Uniden Corporation et al., Case No. 3:13-cv-03496-M (N.D. Tex.)
On August 30, 2013, the Company initiated litigation against Uniden in the United States District Court for the Northern District of Texas. The Company alleges infringement of United States Patent Nos. 5,581,599; 6,614,899; and 6,965,614. The Scheduling Order was entered on May 22, 2014 and was most recently amended on July 9, 2015. The Markman decision was issued on March 19, 2015. The case is currently in the fact discovery period which will close on August 24, 2015. Opening expert reports are due on September 14, 2015 and expert discovery closes on October 30, 2015. The dispositive motion deadline for this case is November 20, 2015 and the Settlement Conference deadline is January 20, 2016. Both parties have agreed to a stipulation of representative models for proof of infringement, thereby simplifying the case for both discovery and trial. Trial is scheduled to begin on February 10, 2016.
– Spherix Incorporated v. VTech Telecommunications Ltd. et al., Case No. 3:13-cv-03494-M (N.D. Tex.)
On August 30, 2013, the Company initiated litigation against VTech in the United States District Court for the Northern District of Texas. The Company alleges infringement of United States Patent Nos. 5,581,599; 5,892,814; 6,614,899; and 6,965,614. The scheduling order was entered on May 22, 2014 and was most recently amended on July 9, 2015. The Markman decision was issued on March 19, 2015. The case is currently in the fact discovery period which will close on December 18, 2015. The parties have also stipulated to a framework by which it is expected that they will be able to reach a stipulation of representative models for purposes of infringement to simplify both discovery and trial. The settlement conference deadline is December 28, 2015 and the trial date is expected to begin in July 2016.
Routing & Switching Equipment
– NNPT, LLC v Huawei Investment & Holding Co., Ltd. et al., Case No. 2:14-cv-00677-JRG-RSP (E.D. Tex.)
On June 9, 2014, Spherix’s wholly owned subsidiary, NNPT, LLC (“NNPT”), initiated litigation against Huawei in the United States District Court for the Eastern District of Texas, for infringement of United States Patent Nos. 6,578,086; 6,130,877; 6,697,325; 7,664,123; and 8,607,323, a subset of those involved in the Company’s case against Cisco Systems. On June 9, 2015, 2015, the Court issued an Amended Docket Control Order. The Markman briefing has been completed and the Markman hearing set for August 5, 2015. The deadline to complete mediation is August 14, 2015. Initial expert reports are due August 31, 2015 and the deadline to complete expert discovery is October 19, 2015. Trial is set to begin on February 8, 2016.
– Spherix Incorporated and NNPT, LLC v. Juniper Networks, Inc. Case No. 1:14-cv-00578-SLR (D. Del.)
On May 2, 2014, the Company initiated litigation against Juniper Networks in the United States District Court for the District of Delaware for infringement of United States Patent Nos. RE40467; 6,578,086; 6,130,877; 7,385,998; 7,664,123; and 8,607,323, a subset of those involved in the company’s case against Cisco Systems. The Scheduling Order was entered on May 28, 2015. The Markman hearing is set for June 24, 2016 with the trial set to begin on May 15, 2017.
– Spherix Incorporated and NNPT, LLC v. Cisco Systems, Inc. Case No. 1:14-cv-00393-SLR (D. Del.)
On March 28, 2014, the Company initiated litigation against Cisco Systems in the United States District Court for the District of Delaware for infringement of U.S. Patent Nos. RE40467; 6,697,325; 6,578,086; 6,222,848; 6,130,877; 5,970,125; 6,807,174; 7,397,763: 7,664,123; 7,385,998; and 8,607,323. The Scheduling Order was entered on June 10, 2015 and Initial Disclosures are due July 17, 2015. The deadline to identify accused products and damages model is July 17, 2015 and the date to answer or file a Motion to Dismiss is July 20, 2015. The Markman hearing has been scheduled in two phases on June 24, 2016 and September 8, 2016. The trial is set to begin on January 16, 2018.
Internet Service Providers
– Spherix Incorporated v. Verizon Services Corp. et al., Case No. 1:15-cv-0576-GBL-IDD (E.D. Va.)
On May 1, 2015, the Company initiated litigation against Verizon Services Corp. and Cisco systems in the United States District Court for the Eastern District of Virginia. The Company alleges infringement of United States Patent Nos. 5,959,990; 6,111,876; RE40999; RE44775; RE45065; RE45081; RE45095; RE45121; RE45521 and RE45598. The current deadline for filing an Answer by the Defendants is July 24, 2015.
About Spherix
Spherix Incorporated was launched in 1967 as a scientific research company. Spherix is committed to advancing innovation by active participation in the patent market. Spherix draws on portfolios of pioneering technology patents to partner with and support product innovation.
Forward-Looking Statements
Certain statements in this press release constitute “forward-looking statements” within the meaning of the federal securities laws. Words such as “may,” “might,” “will,” “should,” “believe,” “expect,” “anticipate,” “estimate,” “continue,” “predict,” “forecast,” “project,” “plan,” “intend” or similar expressions, or statements regarding intent, belief, or current expectations, are forward-looking statements. While the Company believes these forward-looking statements are reasonable, undue reliance should not be placed on any such forward-looking statements, which are based on information available to us on the date of this release. These forward looking statements are based upon current estimates and assumptions and are subject to various risks and uncertainties, including without limitation those set forth in the Company’s filings with the Securities and Exchange Commission (the “SEC”), not limited to Risk Factors relating to its patent business contained therein. Thus, actual results could be materially different. The Company expressly disclaims any obligation to update or alter statements whether as a result of new information, future events or otherwise, except as required by law.
Contact:
Investor Relations:
Hayden IR
Brett Mass, Managing Partner
Phone: (646) 536-7331
Email: brett@haydenir.com
www.haydenir.com
Spherix:
Phone: (703) 992-9325
Email: info@spherix.com
www.spherix.com
SOURCE: Spherix Incorporated
ReleaseID: 430578
