Commitments and Contingencies | (6) Commitments and Contingencies Contingent Legal Expenses In connection with patent infringement litigation filed by the Company in the U.S. and Europe, the Company entered into two engagement agreements for legal services rendered to Unwired Planet, Inc. and its subsidiaries, both of which included a blended fixed fee and contingent “success fee” arrangement. In both cases, the fixed fee element of both engagement agreements concluded on June 30, 2015, but the contingent fee arrangement continues. In the case of the European litigation engagement agreement, the contingent fee arrangement was payable upon the first finding of validity and infringement in the United Kingdom, which occurred in December 2015 and was paid during the three months ended March 31, 2016. With respect to the U.S. litigation, the engagement letter with the law firm provides that the contingency fee is based upon proceeds net of Ericsson’s fee share under the terms of the Master Sale Agreement by and among Telefonaktiebolaget L M Ericsson, Cluster LLC, Unwired Planet, Inc., Unwired Planet IP Holdings, Inc., Unwired Planet IP Manager, LLC, and Unwired Planet, LLC dated January 10, 2013, as amended (the “MSA”). Under court rules in the United Kingdom, parties to litigation are entitled to reimbursement of their attorney’s fees with respect to portions of the case on which they prevail. The Company will become liable for the opposing parties’ attorney fees and costs if it loses all or a portion of the pending litigation in the United Kingdom. During the three months ended March 31, 2016, the Company paid approximately $3.1 million in partial attorneys’ fees reimbursements to defendants in the United Kingdom litigation in compliance with the court’s order as a result of losing a trial held in February 2016. The Company has not accrued for any additional losses as of March 31, 2016 because the amount of such additional loss was not reasonably estimable nor was a further obligation to pay such loss in the pending United Kingdom litigation probable as of March 31, 2016. Rather, as a result of the judgment announced on March 22, 2016, the other parties will be responsible for reimbursing approximately $1.7 million in legal costs previously incurred by the Company which is recognized in prepaid and other current assets in the accompanying condensed consolidated balance sheets. In August 2015, the Company engaged a consultant to assist in the progression of its international patent enforcement litigation efforts, primarily focused in the United Kingdom (“UK”). As part of this engagement, the Company agreed to pay the consultant for various types of favorable outcomes as mutually agreed by the Company and the consultant. The fees, paid on a per outcome basis, range from $100,000 to $200,000 depending on the various components of the litigation. The Company cannot reasonably determine the likelihood of additional favorable outcomes related to other on-going litigation and has recognized success fees payable of $125,000 as of March 31, 2016. Other Legal Matters From time to time, the Company may be involved in litigation or other legal proceedings, including those noted above, relating to or arising out of its day-to-day operations or otherwise. Litigation is inherently uncertain and the Company could experience unfavorable rulings. Should the Company experience an unfavorable ruling, there exists the possibility of a material adverse impact on its financial condition, results of operations, cash flows, or on its business for the period in which the ruling occurs and/or in future periods. Operating Lease In September 2015, the Company entered into a three year lease with a base monthly rent of $11,250 to move its corporate headquarters to Los Altos, California. Upon execution of the lease, the Company paid a $50,000 refundable deposit. For the periods ended March 31, 2016, 2017, and 2018 the Company is obligated to pay approximately $100,000 per year. |