TORONTO, Sept. 3 /CNW/ - Communique Laboratory Inc. (TSX:ONE) today
provided an update on its inter partes re-examination from the United States
Patent and Trademark Office ("USPTO") as part of its patent litigation with
Citrix Systems Inc.
The USPTO recently issued an Office Action Closing Prosecution
(non-final) in which 4 claims were found to be patentable. The company is
confident that the outcome of the reexamination process will be the
affirmation of the validity of asserted claims of the '479 patent as
originally issued. A copy of the Office Action is available from the USPTO's
web site at http://portal.uspto.gov/external/portal/pair. The application
number is 95/001018.
"We are pleased that the USPTO has found 4 claims to be patentable in
their recent communication," said Andrew Cheung, President and CEO for 01
Communique. "In addition to reaffirming the validity of the patent, the
re-examination process also provides us with the opportunity to strengthen our
infringement arguments, which is our plan. There were many issues that had to
be dealt with in this Office Action and now that they are out of the way we
can concentrate on addressing a few key points. We are confident our response
will result in a final decision that not only enhances our position with
respect to the validity of our patent; but also our infringement arguments and
our case for past damages."
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,
approximately one month before the trial was scheduled to commence, the judge
issued a memorandum and order staying the case pending re-examination of the
patent by the USPTO.
"We commenced litigation against Citrix to protect our intellectual
property rights," said Andrew Cheung, "We spent in excess of $15m developing
our remote access suite of products around this technology and will continue
to defend our interests."
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
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: INVESTOR CONTACT: Brian Stringer, Chief
Financial Officer, 01 Communique, (905) 795-2888 x204,