Voip-Pal.com, Inc. Addresses Shareholder’s Most Frequently Asked Questions Following its IPR Validations vs Apple and AT&T
Voip-Pal is currently reviewing all legal options to accelerate patent monetization
November 27, 2017 -- Voip-Pal.com Inc. (“Voip-Pal”, “Company”) (OTCQB: VPLM) has been inundated with questions from shareholders regarding the Company’s next move following last week’s seven IPR validations against Apple and AT&T. Accordingly, the Company has decided to publish its most frequently asked questions in order to provide greater clarity regarding the next steps.
1.) What is the significance of the eight IPR decisions in favor of Voip-Pal?
Simply stated, after eight unsuccessful attempts by Unified Patents, Apple and AT&T to cancel the claims of two of Voip-Pal’s patents, the technology in the RBR and RBR Messaging patents has been validated and proven to be patentable by a unanimous panel of three judges of the Patent Trial and Appeal Board (PTAB).
2.) Why is this an unprecedented PTAB ruling for Voip-Pal?
Apple and AT&T are among the top telecommunications companies in the world. PTAB statistics have heavily favored tech giants vs small inventors in IPR proceedings. Altogether, Voip-Pal has succeeded in defending 125 claim challenges (some repeated) against two of their patents. Not a single claim was canceled. Few small inventors are able to prevail against a single IPR challenge. To prevail in eight challenges is an unprecedented achievement.
3.) How is the Federal District Court likely to view these decisions?
Many of the rules and procedures used by the PTAB are more stringent, in particular to the argument for “obviousness,” than those used in Federal District Court. The PTAB has largely become the arbiter of patent validity and technical merit of patent claims in infringement and damages lawsuits.
4.) What is Voip-Pal’s next step?
Our desire has always been to negotiate an amicable settlement sooner rather than later. Our preference is to not have to continue to litigate this matter, however; we are prepared to do so promptly if left no other option.
5.) Is the Company exploring patent licensing?
Yes. All options for monetization are currently on the table.
6.) What happens if no settlement offers are made?
We are already in the process of preparing an updated infringement and damages claim in our stayed legal proceedings vs. Apple, Inc. in the United States District Court, District of Nevada case number 2:16-CV-00260 filed on February 9, 2016, and vs. Verizon Wireless Services, LLC, Verizon Communications Inc., AT&T, Inc., and AT&T Corp. in the United States District Court, District of Nevada, case number 2:16-cv-00271 filed February 10, 2016. We will be providing more information as developments unfold.
7.) Do you foresee any potential obstacles?
The current PTAB system allows for anyone regardless of standing to file IPR challenges against any patent. While Apple, Verizon and AT&T have exceeded the statute of limitations on their ability to file additional petitions, the rules do not preclude others from doing so. In the unlikely event that were to happen, we hope the PTAB would use their discretionary authority to deny further frivolous challenges given the immense scrutiny our patents have already successfully endured. Should this scenario take place, we will be ferocious in our defense. We humbly respect our opponents, but we will not back down in the protection of our shareholders’ rights.
8.) When do you expect to achieve monetization?
The clock on infringement and damages has been ticking since 2010. In addition to Apple, Verizon, AT&T, we have previously made over 60 companies aware of our patented technology. After these most recent seven validations, we feel the tide has turned in our favor and time is currently on our side.
Emil Malak CEO of Voip-Pal stated, “I have received many phone calls from shareholders and other CEO’s over the past week. One shareholder mentioned he could not believe the news from the PTAB and had to pinch himself. My response to him was ‘my arms are full of bruises.’ We truly appreciate the support we have continually received from our old and new shareholders. I have always repeated in the case of Voip-Pal, ‘patience is a virtue.’”
Voip-Pal currently has a total of seventeen issued US patents.