TORONTO, March 26 /CNW/ - 01 Communique Laboratory Inc. (TSX: ONE -
www.01com.com), a leading remote access solutions provider, today announced an
update on the status of its patent infringement lawsuit against Citrix Systems
Inc. (NSDQ:CTXS). 01 Communique alleges that Citrix infringes the Company's
U.S. Patent No. 6,928,479. The '479 patent covers systems and methods for
providing remote access to personal computers over the Internet, among other
things. The alleged infringing products include, but are not limited to,
Citrix's "GoToMyPC" product.
Conference Call Details - The call is scheduled for Tuesday March 27th at
Joining Mr. Andrew Cheung, the President and CEO, on the call will be
Mr. Ken Sheehan of Baker & Hostetler, the Company's lawyers in this matter.
Those wishing to participate should dial:
Local Calls (416) 406-6419
Toll Free 1-888-575-8232
Those unable to attend can listen to a replay by dialing (416) 695-5800
and enter pass code 3218819 followed by the number sign. The replay will be
available until midnight March 29th.
Update on Litigation
Following the issuance of the claim construction order on March 13, 2007,
on March 23, 2007 Judge Ann Aldrich, of the United States District Court for
the Northern District of Ohio, issued a new Scheduling Order. The Order sets
May 31st as the final date for fact discovery, and a trial commencement date
of November 13, 2007. Pertinent facts from the Order include:
- Fact discovery, where the parties investigate the facts to be relied
on at trial, is to be concluded by May 31, 2007.
- Dispositive motions, including motions for summary judgment on issues
each party believes do not need to go before the jury, are to be filed
by September 7, 2007.
- The trial is now scheduled to commence on November 13, 2007.
In an earlier press release, dated March 16, 2007, we provided the
results of the claim construction hearing, also known as a Markman hearing,
which was held on November 2, 2006. The claim construction order establishes
the meaning of the patent claims terms in dispute between the parties. There
were originally 20 disputed terms upon which the parties did not agree. In the
Order, Judge Aldrich adopted the construction asserted by the Company for 19
of the 20 disputed terms.
"The Judge's claim construction ruling reaffirms our confidence in the
merits of our case," said Andrew Cheung, President and CEO for 01 Communique.
"We are now working towards completing the fact discovery phase of the case
and are preparing in earnest for a jury trial."
About 01 Communique Laboratory Inc.
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
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.
For further information:
For further information: Company contact: Mr. Brian Stringer, Chief
Financial Officer, firstname.lastname@example.org, (905) 795-2888 ext. 204