TORONTO, April 4, 2013 /CNW/ - 01 Communique Laboratory Inc. (TSX:ONE) today provided an update in respect of its patent litigation. On April 2, 2013 the Court entered judgment on the March 26, 2013 jury verdict finding 01's patent number 6928479 (the "479 Patent") valid but not infringed by LogMeIn.
"We disagree with the finding of non-infringement and, with the entry of the judgment by the Court, we can now proceed with efforts to have that part of the verdict reversed," said Andrew Cheung, President and CEO for 01 Communique. "Moving forward, in the near term we will also be focusing our attention on the oral argument scheduled for May 8, 2013 in respect of the appeal by Citrix of the results of the reexamination of the 479 Patent and then our goal of moving forward with the Citrix case. While we were disappointed and disagree with the finding of non-infringement in the LogMeIn case, the confirmation of the validity of the 479 Patent clears another hurdle for us to have our day in Court with Citrix."
"We believe we have sufficient cash resources available to run our business for the foreseeable future," said Brian Stringer, Chief Financial Officer for 01 Communique. "We plan to reduce our cash operating expenses as well as look for opportunities to increase revenue by leveraging our products and intellectual property."
LogMeIn Patent Lawsuit
On March 26, 2013 the Jury in the trial rendered its verdict concluding that 01 Communique's 479 Patent is valid but that LogMeIn does not infringe the patent. The Company will seek to have the jury's finding of non-infringement overturned. The Company is represented by Baker & Hostetler LLP in this matter and the case was tried in the Eastern District of Virginia.
Citrix Patent Lawsuit
As part of the patent litigation Citrix Systems Inc. ("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 which was granted by the Judge. We 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 Board of Patent Appeals and Interferences ("BPAI"). That appeal is in process and as a part of that process, on August 16, 2012, the USPTO Examiner filed the Examiner's Answer to Citrix's appeal brief affirming his positions in the RAN. As part of the appeal process a Hearing in front of the BPAI is scheduled for May 8, 2013 after which we expect the BPAI to issue their written report rendering their decision.
The Company remains confident in the validity of the 479 Patent and is looking forward to the Hearing at the BPAI currently scheduled for May 8th and bringing the appeal to a successful conclusion.
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