01 Communique Files a Patent Infringement Lawsuit against LogMeIn Inc. and
Dell Inc.
TORONTO, Sept. 9 /CNW/ - 01 Communique Laboratory Inc. (TSX: ONE - www.01com.com), a leading remote access solutions provider, today announced it has filed a lawsuit in the United States District Court, Eastern District of Virginia, Alexandria Division against LogMeIn Inc. (LOGM:Nasdaq) with its head office in Woburn, MA and Dell Inc. (DELL:Nasdaq) of Round Rock, TX alleging infringement of U.S. Patent No. 6,928,479 ("The 479 Patent"). The alleged infringing products include, but are not limited to, for LogMeIn - LogMeIn Free, LogMeIn Pro(2) and LogMeIn Ignition and for Dell - Dell Remote Access.
The Company is seeking past (back to the issue date of the patent being August 9, 2005) and future damages, as well as a trebling of damages for willful infringement and injunctive relief.
"Our plan is to participate in the growth of the remote access and communications industry by leveraging our patents," said Mr. Andrew Cheung, President and CEO for 01 Communique. "We believe very strongly that competition should be based on innovation and respecting intellectual property rights."
The patent relates to a system, computer product and method for providing a private communication portal. Additional information regarding the patent is available from the U.S. Patent and Trademark Office ("USPTO") Web Site at www.uspto.gov. On July 6, 2010 the USPTO issued a Right to Appeal Notice in the Inter Partes Re-examination of The 479 Patent as requested by Citrix Systems, Inc. (CTXS:Nasdaq) as part of 01's patent litigation with Citrix. In that Notice the Patent Examiner reaffirmed the patentability of all the claims that were subject to the re-examination process. Citrix has filed its notice to appeal that decision.
The Company is represented in this matter and its patent litigation with Citrix by the law firm of Baker & Hostetler LLP ("B&H"). The fee arrangements with B&H include a payment in the event of an award of damages, a settlement or where the Company completes a transaction (including, without limitation, a sale of all or substantially all of the assets of the Company) which results in the termination of the litigation or a material change thereof.
For further details on the LogMein, Dell and Citrix litigation, as well as the Company's IP licensing strategy refer to the Company's Management Discussion and Analysis for the period ending July 31, 2010 and other public filings on Sedar at www.sedar.com
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). 01's products are protected in the U.S.A. by its patents No. 6928479 / No. 6938076. 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.
For further information: For further information: Brian Stringer, Chief Financial Officer, 01 Communique, (905) 795-2888 x204, [email protected]
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