TORONTO, Feb. 10, 2016 /CNW/ - 01 Communique Laboratory Inc. (TSX-V:ONE) today announced that it has received the Court's Judgment in respect of its patent lawsuit against Citrix Systems Inc. ("Citrix") which summarizes the jury's finding as previously announced by the Company.
"We were disappointed in the jury's finding of non-infringement", said Andrew Cheung, President and CEO for 01 Communique. "Now that we have received the Court's Judgment, post-trial motions can be filed with the District Court that presided over the trial, which include motions for renewed judgment as a matter of law and for a new trial. Post-trial motions are due to be filed by March 7, 2016. Following a decision by the District Court on the post-trial motions an appeal to the United States Court of Appeals for the Federal Circuit can be taken, if needed.
Our goal is to continue our operations until the matters with Citrix are concluded. As we proceed with this process we have reduced our operating expenses substantially. In addition, we are pursuing initiatives with a goal to generate cash from our technology and patents. We will provide updates on our operations and financial position as we move forward through this process.
A summary of the Court's Judgment follows: A jury trial commenced in this case on January 11, 2016, and the jury reached and returned its unanimous verdict on January 19, 2016. Pursuant to Rule 58 of the Federal Rules of Civil Procedure and in accordance with the jury's verdict, the Court enters Judgment as follows: 1. Defendants Citrix have not infringed claims 24 or 45 of 01 Communique's patent (United States Patent No. 6,928,479); 2. Claims 24 and 45 of United States Patent No. 6,928,479 are not invalid; 3. Plaintiff 01 Communique takes no damages from Citrix; 4. Except as set forth above or adjudicated through Summary Judgment, all other claims and counterclaims in this matter are dismissed; 5. Each party retains its right to, and does not waive its right to, file timely motions for renewed judgment as a matter of law, for new trial, for the award of attorneys' fees, for the award of costs, and to prosecute an appeal from any aspect of the case to the extent allowed by statute, the Federal Rules of Civil Procedure, and/or this Court.
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About 01 Communique.
Established in 1992, 01 Communique Laboratory Inc. (TSX-V:ONE) offers a suite of remote access services designed for small-medium sized business, mobile professionals and IT service providers. 01's software as a service offerings are deployed on-demand and include functionality enabling on-line meetings, remote computing and IT support. 01's suite of products includes its remote access offering I'm InTouch (www.imintouch.com), its online meeting offering (www.imintouchmeeting.com) and its remote support offering I'm OnCall (www.imoncall.com) products are protected in the U.S.A. by its patents #6,928,479 / #6,938,076 / #8,234,701 and in Canada by its patents #2,309,398 / #2,524,039 and Japan by its patent #4,875,094. For more information, visit www.01com.com or call (905) 795-888 or (800) 668-2185 (North America only).
Cautionary Note Regarding Forward-looking Statements.
Certain statements in this news release may constitute "forward-looking" statements which involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the company, or industry results, to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. When used in this news release, such statements use such words as "may", "will", "expect", "believe", "plan", "intend", "are confident" and other similar terminology. These statements reflect current expectations regarding future events and operating performance and speak only as of the date of this news release. Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or results, and will not necessarily be accurate indications of whether or not such results will be achieved. A number of factors could cause actual results to differ materially from the results discussed in the forward-looking statements, including, but not limited to, the factors discussed under "Risk Factors" in the company's Annual Information Form filed on SEDAR. Although the forward-looking statements contained in this news release are based upon what management of the Company believes are reasonable assumptions, the company cannot assure investors that actual results will be consistent with these forward looking statements. These forward-looking statements are made as of the date of this news release, and the company assumes no obligation to update or revise them to reflect new events or circumstances.
SOURCE 01 Communique Laboratory Inc.
For further information: INVESTOR CONTACT: Brian Stringer, Chief Financial Officer, 01 Communique, (905) 795-2888 x204, firstname.lastname@example.org