TORONTO, July 8 /CNW/ - 01 Communique Laboratory Inc. (TSX:ONE) today announced that prosecution of the inter partes reexamination of its United States Patent No. 6,928,479 is now closed. The United States Patent and Trademark Office ("USPTO") has issued a Right of Appeal Notice concluding that ALL of the claims in the inter partes re-examination, that were challenged by Citrix Systems, Inc., are patentable.
There are 46 claims of invention ("claims") contained in the patent of which 25 were subject to the inter partes reexamination and 24 of these claims were asserted by 01 as infringed by Citrix. The Patent Examiner has reaffirmed the patentability of all 25 claims in the Right of Appeal Notice.
"We are very pleased with the outcome of the reexamination," said Andrew Cheung, President and CEO of 01 Communique. "The conclusion of the Patent Examiner reaffirms our conviction that all of the claims asserted against Citrix are valid including all of the independent claims which have been found to be patentable as originally issued. We believe that our patent is not only infringed by GoToMyPC as presently asserted in our litigation; but also GoToMeeting. We are confident that Citrix will be held accountable for its infringement all the way back to the time of the patent's issuance in August 2005. We will be meeting with our professional advisors over the coming weeks to determine our next steps in enforcing our patents."
Patent Litigation Update - The background of our case against Citrix is as follows. In February, 2006 we commenced legal action against Citrix for infringement of our patent. A copy of the court pleading is on our web site. A claim construction hearing, commonly referred to as a Markman Hearing, was held in November 2006. The claim construction order establishes the meaning of the patent claims terms in dispute between the parties. In the Order, the judge adopted the construction asserted by the Company for 19 of the 20 disputed terms. In March 2008, the judge issued a memorandum and order staying the case pending the inter partes re-examination of the patent by the USPTO, which had been requested by Citrix. That reexamination has now been concluded, subject to any appeal.
A copy of the Right of Appeal Notice should be available within the next few days on the USPTO's web site at http://portal.uspto.gov/external/portal/pair. The application number is 95/001018.
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) is an innovative force in the development and delivery of remote access and support products and integrated communications software. 01's suite of products includes its remote access product line I'm InTouch (www.imintouch.net) and its remote support product I'm OnCall (www.imoncall.com). For more information on its products, 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 circumstances.
SOURCE 01 Communique Laboratory Inc.
For further information: For further information: on its products, visit www.01com.com or call (905) 795-2888 or (800) 668-2185 (North America only)