TORONTO, April 4, 2013 /CNW/ - 01 Communique Laboratory Inc. (TSX:ONE) today provided an update in
respect of its patent litigation. On April 2, 2013 the Court entered
judgment on the March 26, 2013 jury verdict finding 01's patent number
6928479 (the "479 Patent") valid but not infringed by LogMeIn.
"We disagree with the finding of non-infringement and, with the entry of
the judgment by the Court, we can now proceed with efforts to have that
part of the verdict reversed," said Andrew Cheung, President and CEO
for 01 Communique. "Moving forward, in the near term we will also be
focusing our attention on the oral argument scheduled for May 8, 2013
in respect of the appeal by Citrix of the results of the reexamination
of the 479 Patent and then our goal of moving forward with the Citrix
case. While we were disappointed and disagree with the finding of
non-infringement in the LogMeIn case, the confirmation of the validity
of the 479 Patent clears another hurdle for us to have our day in Court
"We believe we have sufficient cash resources available to run our
business for the foreseeable future," said Brian Stringer, Chief
Financial Officer for 01 Communique. "We plan to reduce our cash
operating expenses as well as look for opportunities to increase
revenue by leveraging our products and intellectual property."
LogMeIn Patent Lawsuit
On March 26, 2013 the Jury in the trial rendered its verdict concluding
that 01 Communique's 479 Patent is valid but that LogMeIn does not
infringe the patent. The Company will seek to have the jury's finding
of non-infringement overturned. The Company is represented by Baker &
Hostetler LLP in this matter and the case was tried in the Eastern
District of Virginia.
Citrix Patent Lawsuit
As part of the patent litigation Citrix Systems Inc. ("Citrix")
requested an inter partes reexamination of the 479 Patent by the United
States Patent and Trademark Office ("USPTO"), and also requested a stay
in the Court proceedings which was granted by the Judge. We proceeded
with the reexamination process and in July 2010 received a Right of
Appeal Notice ("RAN") from the USPTO confirming the patentability of
the claims that were part of the inter partes reexamination. Citrix
appealed that decision to the USPTO's Board of Patent Appeals and
Interferences ("BPAI"). That appeal is in process and as a part of that
process, on August 16, 2012, the USPTO Examiner filed the Examiner's
Answer to Citrix's appeal brief affirming his positions in the RAN. As
part of the appeal process a Hearing in front of the BPAI is scheduled
for May 8, 2013 after which we expect the BPAI to issue their written
report rendering their decision.
The Company remains confident in the validity of the 479 Patent and is
looking forward to the Hearing at the BPAI currently scheduled for May
8th and bringing the appeal to a successful conclusion.
The Company is represented by Baker & Hostetler LLP in this matter and
the case is being tried in the Northern District of Ohio.
The Toronto Stock Exchange has not reviewed and does not accept
responsibility for the adequacy or the accuracy of this release.
About 01 Communique
Established in 1992, 01 Communique (TSX: 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 #6928479 /
#6938076 and in Canada by its patent #2309398. For more information,
visit www.01com.com or call (905) 795-2888 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
SOURCE: 01 Communique Laboratory Inc.
For further information:
Chief Financial Officer
(905) 795-2888 x204