BETHESDA, MD / CRWEPRESSRELEASE / August 18, 2015 /Spherix Incorporated (Nasdaq: SPEX) an intellectual property development company committed to the fostering and monetization of intellectual property, today provided an update on the Company’s case involving the company’s wholly owned subsidiary, NNPT, LLC (“NNPT”), against Huawei Device USA Inc., Huawei Technologies USA Inc., Huawei Technologies Cooperatif U.A. and Futurewei Technologies, Inc. (collectively “Huawei”). Following the Markman hearing held on August 5, 2015, the Court issued its Markman Order on August 17, 2015 stating how the key claim terms within the patents-in-suit should be construed.
On the day of the hearing, in accordance with the Court’s standard procedure, the Court provided the parties with its preliminary claim constructions of the 20 claim phrases in dispute. The Court then asked the parties whether they would like to offer argument to rebut the Court’s preliminary constructions. Spherix accepted all of the Court’s preliminary constructions and opted not to provide additional argument. Huawei provided argument attempting to rebut four of the Court’s preliminary constructions, which relate to only two of the five patents at issue in the case.
In its Markman Order yesterday, the Court adopted its preliminary claim constructions regarding the terms that the parties accepted at the hearing. With regard to the four remaining disputed terms, the Court adopted construction substantially consistent with Spherix’s proposals.
Anthony Hayes, Chief Executive Officer of Spherix, stated, “We are extremely pleased with the outcome of the Markman Hearing in the case of NNPT vs. Huawei. Claim construction is vitally important to articulating disputes in patent cases. By prevailing on the majority of all disputed terms that define the assertion and enforcement of these valuable patents, we can move on to the next critical stage of this case with increased confidence. The results of this hearing are also a clear indication of the strength of our legal team and the robustness of our case against Huawei. We thank the Court for its work on this matter.”
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.
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.
SOURCE: Spherix Incorporated