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ParkerVision Reports Second Quarter 2019 Results; Touts Litigation Financing of its IP Claims for Reduction in Operating Costs

ParkerVision Reports Second Quarter 2019 Results; Touts Litigation Financing of its IP Claims for Reduction in Operating Costs

JACKSONVILLE, FL / ACCESSWIRE / August 14, 2019 / ParkerVision, Inc. (PRKR), a developer and marketer of technologies and products for wireless applications, today announced results for the three and six months ended June 30, 2019.

Second Quarter 2019 Summary and Recent Developments

  • Louis Freeh and Freeh Sporkin & Sullivan LLP joined the ParkerVision litigation team in June 2019.
    • Freeh, former federal judge and FBI Director, has been admitted as the Company’s counsel alongside Mintz Levin and Mckool Smith in the Company’s two district court patent infringement cases in Florida.
  • The District Court in the Middle District of Florida (Jacksonville division) issued an order denying Apple’s motion for summary judgment in the pending patent litigation against Qualcomm and Apple and also issued its claim construction (Markman) order, in which the Court adopted the Company’s proposed construction for two terms and the “plain and ordinary meaning” on the remaining terms.
    • A case management schedule has been submitted to the court with a proposed trial date in August 2020.
  • The District Court for the Middle District of Florida (Orlando division) granted the Company’s proposed selection of patent claims from four asserted patents and denied Qualcomm’s request to limit the claims and patents, including claims that survived Qualcomm’s validity challenges through Inter Partes Review (“IPR”).
    • The court also agreed that the Company may elect to pursue accused products that were at issue at the time the case was stayed, as well as new products that were released by Qualcomm during the pendency of the stay.
    • A case management schedule has been submitted to the court with a proposed trial date in December 2020.
  • The Company has withdrawn its pursuit of appellate actions in Germany.
    • The Company declined to appeal the April 2019 decision by the District Court of Munich Germany that Apple does not infringe the Company’s German ‘853 patent.
    • The Company recently withdrew its appeal of the October 2018 decision by the Federal Patent Court in Munich that ruled the Company’s German ‘831 patent is invalid.

Second Quarter and First Half Financial Results

  • Net loss for the second quarter of 2019 was $1.6 million, or $0.05 per common share, compared to a $4.5 million net loss, or $0.18 per common share, for the second quarter of 2018.
  • Net loss for the first half of 2019 was $3.7 million, or $0.12 per common share, compared to an $8.8 million net loss, or $0.39 per common share, for the first half of 2018.
  • Cash used for operations decreased approximately 68% in the second quarter of 2019 compared to the same period in 2018 as a result of the Company’s cost reduction measures.
  • The Company sold $1.64 million in five-year, 8% convertible notes during the first half of 2019. Of this amount, $1.3 million have a fixed conversion price of $0.25 per share and $0.34 million have a fixed conversion price of $0.10 per share. The majority of the proceeds were used to finance operations, with $0.15 million used for retention payments to legal counsel engaged to assist in a wide range of litigation related activities.

Jeffrey Parker, Chairman and Chief Executive Officer, commented, “We are pleased with the recent decisions from the two district courts in Florida and are looking forward to having trial dates set in both of those cases. Our decisions to abandon our appellate actions in Germany were made based on the lengthy timeframe that this process requires, and our belief that the best return for our shareholders and the fairest compensation for the unauthorized use of our technologies can be achieved by focusing our resources on the two U.S. district court actions.”

Mr. Parker continued, “We have significantly reduced operating costs over the past year, and we believe those reductions, paired with additional litigation financing for the completion of our cases in Florida, will enable us to see these cases through to conclusion. Our longer-term goal is to rebuild ParkerVision’s innovative culture and to continue to bring new solutions to the challenges of a wireless world.”

About ParkerVision

ParkerVision, Inc. has designed and developed proprietary radio-frequency (RF) technologies which enable advanced wireless solutions for current and next generation wireless communication products. ParkerVision is engaged in a number of patent enforcement actions to protect patented rights that it believes are broadly infringed by others. For more information, please visit www.parkervision.com. (PRKR-I)

Safe Harbor Statement

This press release contains forward-looking information. Readers are cautioned not to place undue reliance on any such forward-looking statements, each of which speaks only as of the date made. Such statements are subject to certain risks and uncertainties which are disclosed in the Company’s SEC reports, including the Form 10-K for the year ended December 31, 2018 and the Forms 10-Q for the quarters ended March 31 and June 30, 2019. These risks and uncertainties could cause actual results to differ materially from those currently anticipated or projected.

Contact: Cindy Poehlman Chief Financial Officer ParkerVision, Inc. 904-732-6100 cpoehlman@parkervision.com

ParkerVision, Inc. Balance Sheet Highlights

(in thousands)
(unaudited)
June 30, 2019
December 31, 2018
Cash and cash equivalents$63$1,527
Prepaid expenses637538
Accounts receivable and other current assets51122
Finished goods inventories5898
Property and equipment, net96129
Operating lease right-of-use assets364
Intangible assets & other3,3573,917
Total assets4,6266,331
Accounts payable and other accrued expenses2,8101,833
Operating lease liabilities, current portion26486
Notes payable, current portion1,9332,437
Long-term liabilities28,30527,285
Shareholders’ deficit(28,686)(25,310)
Total liabilities and shareholders’ deficit$4,626$6,331

ParkerVision, Inc. Summary of Results of Operations (unaudited)

Three Months EndedSix Months Ended
(in thousands, except per share amounts)June 30,June 30,
2019201820192018
Product revenue$25$38$35$115
Cost of sales(25)(31)(35)(84)
Write down of obsolete inventory(42)(42)
Gross margin(35)(11)
Research and development expenses1,0013341,875
Selling, general and administrative expenses1,8512,9024,0075,879
Total operating expenses1,8513,9034,3417,754
Interest and other income (expense)(76)(18)(138)(32)
Change in fair value of contingent payment obligation365(538)823(987)
Total interest and other289(556)685(1,019)
Net loss$(1,562)$(4,494)$(3,656)$(8,784)
Basic and diluted net loss per common share$(0.05)$(0.18)$(0.12)$(0.39)
Weighted average shares outstanding30,88824,56430,04222,672

ParkerVision, Inc. Condensed Consolidated Statements of Cash Flows (unaudited)

Three Months EndedSix Months Ended
(in thousands)June 30,June 30,
2019201820192018
Net cash used in operating activities$(877)$(2,775)$(2,550)$(6,126)
Net cash provided by (used in) investing activities2617
Net cash provided by (used in) financing activities5652,6021,0804,854
Net decrease in cash and cash equivalents(312)(171)(1,464)(1,255)
Cash and cash equivalents – beginning of period3752701,5271,354
Cash and cash equivalents – end of period$63$99$63$99

SOURCE: ParkerVision, Inc.

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Gryphon Law Launches as Contingency-Fee Firm for International Disputes

By John Freund |

A new player is entering the international disputes arena—this time with a distinct twist on legal funding. Gryphon Law has officially launched as the first law firm globally to specialize in contingency-fee representation for cross-border disputes.

Gryphon Law aims to offer an alternative to third-party litigation funding by shouldering the cost of legal claims in return for a share of the outcome. Based in New York and with plans to expand into London and Miami, the firm targets clients who might otherwise turn to traditional funders, offering instead to partner with them directly through performance-based fee structures.

The firm was founded by John Templeman, a seasoned international disputes attorney qualified in New York, England & Wales, and Australia, who previously held roles at leading global law firms. Templeman has assembled a multilingual team capable of handling the full lifecycle of international litigation and arbitration in English, Spanish, and French—from initiation to enforcement. Co-founding the venture is Daura Dutour, an 18-year disputes veteran with experience in the U.S., France, and Haiti, supported by three additional associates.

Templeman stated: "I believe there's a real opportunity in the market to provide clients with an appealing alternative to third party funding, particularly in the sub-US$30 million value range below where many of the funders operate. I've been fortunate to assemble a world-class team of disputes lawyers who share this vision – we're looking forward to contributing to this rapidly evolving field.”

Gryphon Law’s business model suggests a more vertically integrated approach to litigation finance—embedding the funder role within the law firm itself. For clients, this could mean greater alignment of interests, fewer intermediaries, and possibly reduced costs when compared to traditional third-party funding arrangements.

Announcing the First Italian Securitization of Personal Injury Claims

The following was contributed by Francesco Dialti, Partner of CBA Studio Legale.

Litigation funding is a mechanism that is gradually taking root in the Italian market. In turn, application of Italian securitization mechanism to litigation funding is a very recent phenomenon.

So far, there had been only a few securitization transactions to fund private antitrust enforcement. 

Last August, finally the first Italian law securitization exclusively dedicated to fund litigation of claims for personal injuries was successfully completed, which represents a milestone for the development of the litigation funding market in Italy.

The transaction – carried out by the special purpose vehicle Prontodanno.it SPV 1 S.r.l., with the assistance of CBA Studio Legale as legal advisor – involves a target portfolio of over 500 claims, with a prospective value of €70 million, for compensation, under contractual and/or non-contractual liability, for personal injuries suffered by individuals as a result of medical malpractice or road accidents or accidents at work.

In the context of the transaction, Prontodanno.it S.r.l. acts as asset manager and Centotrenta Servicing S.p.A. as servicer. This note aims to provide a brief overview of such transaction, focusing in particular on its main structural and operational aspects. From a structural point of view, the transaction qualifies as a true sale securitization.

In order to aggregate as many claims as possible, it is a multi-originator transaction, with the assignors being individuals resident in Italy who own a potential right to compensation for damages suffered as a result of medical malpractice, road accidents or workplace accidents.

The purchase of these claims by a special purpose vehicle (SPV), set up specifically for this purpose under Italian law 130/1999, is financed through the issuance of partly-paid asset-backed securities (ABS), subscribed by a number of professional investors, including family offices and holding companies of some well-known Italian entrepreneurial families.

In particular, by subscribing to the securities and paying to the SPV the relevant subscription price – partly at the time of issue of the ABS and partly during the so-called “investment period” (see below) – the noteholders provide the SPV with the necessary funds not only to purchase the claims, but also to pay the relevant litigation costs.

The transaction has a revolving nature: cash flows generated by the collection of the claims, for a defined term (the “investment period”), are used exclusively to purchase new claims and finance the litigation costs; i.e., in the first phase, there is no repayment of capital to investors.

In order to cover the purchase price of new claims and the litigation costs to be incurred during the transaction, the SPV shall mainly use (i) the initial payments made by the noteholders at the time of subscription of the ABS and (ii) the amounts collected from time to time by the SPV from the claims. If such proceeds are insufficient to purchase new claims and/or finance ongoing litigation, the SPV may request additional payments from the noteholders until expiry of the investment period. 

It is to be noted that, as expressly provided under Italian securitization law, the claims and all related collections constitute assets segregated from all other assets of the SPV, being available exclusively to satisfy the SPV's obligations to the noteholders and any other creditor of the SPV in relation to the relevant transaction.

The asset manager Prontodanno.it S.r.l. has been appointed to select and evaluate the claims, while Centotrenta Servicing S.p.A., acting as servicer supervised by the Bank of Italy in accordance with applicable Italian legislation, is responsible for verifying the compliance of the transaction with the law and the relevant prospectus, as well as for the management and recovery of the claims.

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Francesco Dialti is a Partner and heads the Banking & Finance and Capital Markets practices. He has gained considerable experience in advising Italian and international banks on banking law, asset finance and structured finance. He advises financial institutions, companies and investors on real estate finance, project finance, asset finance and structured finance.

He is recognised by Chambers & Partners; Legal 500 ranks him as Leading Partner in B&F Lender side, as Recommended Lawyer in B&F Borrower side and Shipping, as Key Lawyer in Energy; Best Lawyers ranks him as Recommended Lawyer in Banking and Finance. IFLR1000 recognised him as Highly Regarded in B&F and in Project Finance, Leaders League and Lexology Index placed him in the Banking & Finance category.

At the Client Choice Awards, he was honoured in the Banking category in 2015, 2016, 2017, 2019, 2020 and 2022.

Omni Bridgeway Backs Landmark UK Apple Pay Class Action

By John Freund |

A new UK class action against Apple is set to test the boundaries of competition law and collective redress, with global litigation funder Omni Bridgeway stepping in to finance the case. James Daley, a well-known consumer advocate and founder of Fairer Finance, is spearheading the action with the backing of Milberg London LLP, targeting Apple’s alleged abuse of market dominance through its Apple Pay platform.

According to the claim website, the proposed class action—believed to represent as many as 50 million UK consumers—centers on Apple’s practice of restricting iPhone users to Apple Pay as the sole mobile wallet option, and imposing fees on card issuers that are ultimately passed on to consumers. Legal proceedings are expected to be filed before the UK’s Competition Appeal Tribunal within weeks.

Daley has assembled a high-profile team, including King’s Counsel Thomas de la Mare and economists from Oxera Consulting, to support the claim. Milberg’s Zena Prodromou and James Oldnall lead the legal team, and this marks the third competition claim in as many years for the firm’s increasingly active antitrust litigation practice.

Omni Bridgeway's Investment Manager Simon Latham praised the effort, saying, “Class actions are vital as they often represent the only avenue for consumers to gain access to justice.”

If successful, the case could reshape how platform monopolies are challenged in the UK and open the door for more consumer-focused litigation funders to support broad-based claims. As collective actions continue to gain traction in UK courts, litigation funding will remain a crucial enabler in holding dominant tech firms accountable.