Commitments and Contingencies | 6. Commitments and Contingencies Operating Leases The Company leases office space in Oakwood Village, Ohio, Mountain View, California and Denver, Colorado under noncancelable operating lease agreements. The Company leases and occupies approximately 19,800 square feet of office space in Oakwood Village, Ohio, which expires in October 2021. In June 2014, the Company entered into an office lease agreement to lease approximately 25,500 square feet of office space located in Mountain View, California, with an original expiration date of November 2019. In June 2018, the Company entered into an amendment to extend the term of the lease agreement through July 2025. In April 2018, the Company entered into a lease agreement to lease approximately 24,600 square feet of additional office space located in Mountain View, California. The lease commenced in December 2018 and will expire in December 2025. The Company has the option to extend the term of the lease for a period of up to five years. In May 2019, the Company entered into a sub-lease agreement to lease approximately 19,800 square feet of office space located in Denver, Colorado. The sub-lease commenced in June 2019 and will expire in May 2021. In recognition of the right-of-use assets and the related lease liabilities, with the exception of the Oakwood Village, Ohio lease, the options to extend the lease term have not been included as the Company is not reasonably certain that it will exercise any such option. At September 30, 2019, the weighted-average remaining lease term in years is 5.6 years and the weighted-average discount rate used is 7.7%. During the three and nine months ended September 30, 2019, the Company recognized the following lease costs arising from lease transactions: Three Months Ended September 30, 2019 Nine Months Ended September 30, 2019 Operating lease cost $ 782 $ 2,085 During the nine months ended September 30, 2019, the Company recognized the following cash flow transactions arising from lease transactions: For the Nine Months Ended September 30, 2019 Cash paid for amounts included in the measurement of lease liabilities $ 1,742 Right-of-use assets obtained in exchange for new operating lease liabilities 1,647 At September 30, 2019, the future payments and interest expense for the operating leases are as follows: Year Ending December 31, Future Payments The remainder of 2019 $ 710 2020 3,148 2021 2,831 2022 2,496 2023 2,571 2024 2,604 Thereafter 1,924 Total undiscounted cash flows $ 16,284 Less: imputed interest (3,078 ) Present value of lease liabilities $ 13,206 The rent expense for operating leases for the three and nine months ended September 30, 2018 using the accounting guidance in effect at that time was $0.5 million and $0.9 million, respectively. At December 31, 2018, the future minimum payments for the operating leases were as follows (in thousands): Year Ending December 31, Future Payments 2019 $ 2,070 2020 2,353 2021 2,424 2022 2,496 2023 2,571 Thereafter 4,532 Total future minimum payments $ 16,446 Legal Proceedings In the normal course of business, the Company may become involved in legal proceedings. The Company will accrue a liability for legal proceedings when it is probable that a liability has been incurred and the amount can be reasonably estimated. Significant judgment is required to determine both probability and the estimated amount. When only a range of possible loss can be established, the most probable amount in the range is accrued. If no amount within this range is a better estimate than any other amount within the range, the minimum amount in the range is accrued. Patent Litigation On September 10, 2019, a complaint for patent infringement was filed by Varian Medical Systems, Inc., in U.S. District Court for the Northern District of California against the Company. Captioned Varian Medical Systems, Inc., v. ViewRay, Inc., the complaint alleges that the Company infringes two related patents, U.S. Patent Nos. 8,637,841 (the “’841 Patent”) and 9,082,520 (the “’520 Patent”). The Company filed its answer on November 1, 2019. The Company believes the allegations in the complaint are without merit and intends to vigorously defend the litigation. Class Action Litigation On September 13, 2019, a class action complaint for violation of federal securities laws was filed in U.S. District Court for the Northern District of Ohio against the Company, its chief executive officer, chief science officer and former chief financial officer. Captioned Corwin v. ViewRay, Inc., et al., the complaint, purportedly brought on behalf of all purchasers of the Company’s common stock between March 15, 2019 and August 8, 2019, alleges that the Company violated federal securities laws by issuing materially false and misleading statements that failed to disclose adverse facts concerning the Company’s business, operations, and financial results. The Company believes the allegations in the complaint are without merit and intends to vigorously defend the litigation. Given the early stage of each of the litigation matters described above, at this time we are unable to reasonably estimate possible losses or form a judgment that an unfavorable outcome is either probable or remote. However, litigation is subject to inherent uncertainties, and one or more unfavorable outcomes in any claim or litigation against us could have a material adverse effect for the period in which they are resolved and on our business generally. In addition, regardless of their merits or their ultimate outcomes, lawsuits and legal proceedings are costly, divert management attention and may materially adversely affect our reputation, even if resolved in our favor. Purchase Commitments At September 30, 2019, the Company had $4.9 million in outstanding firm purchase commitments. |