TORONTO, Oct. 23, 2014 /CNW/ - 01 Communique (TSX-V:ONE), announces that it has reached an agreement with Citrix Systems Inc. ("Citrix") whereby each party will withdraw their claims against each other with respect to Citrix's GoToMeeting product and 01 Communique's I'm InTouch Meeting product.
"We remain confident in the merits of our case against Citrix with respect to its GoToMyPC product offering and are eager to get to trial," said Andrew Cheung President and CEO for 01 Communique. "We have a tight schedule with claim construction scheduled to take place in three weeks on November 12th and 13th followed by completion of expert discovery shortly thereafter by January 16, 2015, after which we expect to be preparing for trial."
A brief overview of the recent developments in the litigation with Citrix is as follows:
The Company's case against Citrix's GoToMyPC product offering is continuing whereby the Company alleges infringement of its U.S. patent number 6,928,479 ("'479 Patent") by Citrix's GoToMyPC product offering. The Company is seeking past damages going back to August 9, 2005; being the date the '479 Patent was issued, as well as a permanent injunction prohibiting infringement. The case is taking place in the Northern District of Ohio. A claim construction tutorial and hearing is scheduled for November 12 and 13, 2014. Expert discovery is scheduled to be completed by January 16, 2015 following which a scheduling conference is expected to take place to set dates regarding filing and/or renewing dispositive motions, trial preparation and trial.
In respect of the inter partes re-examination of the '479 Patent at the request of Citrix, as previously announced on October 16, 2014, the United States Court of Appeals for the Federal Circuit issued a Rule 36 Judgment affirming the United States Patent and Trademark Office, Patent Trial and Appeal Board's decision that the Company's patent number 6,928,479 (the "479 Patent") that is at the center of this patent infringement lawsuit against Citrix is valid.
On May 30, 2014 Citrix filed a complaint in the United States District Court Central District of California alleging infringement of their U.S. Patent No. 7,219,233 by the Company's I'm InTouch Meeting product and requesting a declaratory judgment against the Company alleging that Citrix's GoToMeeting product offering does not infringe the "479 Patent". An amended complaint was filed on July 31, 2014 dropping the request for a declaratory judgment and alleging infringement of two additional patents, being U.S. Patent No. 8,127,019 and 8,325,896. As part of the agreement these claims are being withdrawn by Citrix.
Neither TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.
About 01 Communique
Established in 1992, 01 Communique Laboratory Inc. (TSX-V: 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 #6,928,479 / #6,938,076 / #8,234,701 and in Canada by its patents #2,309,398 / #2,524,039 and Japan by its patent #4,875,094. For more information, visit www.01com.com or call (905) 795-888 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: INVESTOR CONTACT: Brian Stringer, Chief Financial Officer, 01 Communique, (905) 795-2888 x204, firstname.lastname@example.org