TORONTO, Oct. 29, 2013 /CNW/ - 01 Communique Laboratory Inc. (TSX:ONE) today announced that the Patent
Trial and Appeals Board ("PTAB") has rendered their decision affirming
the Examiner's finding of validity of the Company's patent number
6928479 (the "479 Patent").
"We are pleased that the PTAB has re-affirmed the validity of our
patent," said Andrew Cheung, President and CEO for 01 Communique. "We
will now focus our attention on requesting the judge to lift the stay
in the Citrix case so that we can proceed to trial."
On February 2, 2006, a lawsuit was filed by the Company in the United
States District Court, Northern District of Ohio, Eastern Division,
against Citrix Systems Inc. ("Citrix") alleging infringement of the
'479 Patent. As part of the litigation 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. The stay was granted by the Judge in the case. The Company
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 Patent
Trial and Appeals Board. The PTAB has now rendered their decision
affirming the Examiner's finding of validity of the 479 Patent.
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 circumstances.
SOURCE: 01 Communique Laboratory Inc.
For further information:
Chief Financial Officer
(905) 795-2888 x204