TORONTO, June 19, 2015 /CNW/ - 01 Communique Laboratory Inc. (TSX-V:ONE) today announced that it has received a case management plan for the balance of the Company's patent litigation case against Citrix Systems Inc. ("Citrix") that currently sets a trial to commence January 8, 2016.
"We remain confident in the merits of our case and will be working diligently with our lawyers over the next several months as we prepare for trial." said Andrew Cheung, President and CEO for 01 Communique.
A joint proposed dispositive (summary judgment) motion schedule was presented as follows:
- Opening briefs to be filed by July 27, 2015.
- Response briefs along with an opening brief (if elected) due on any issue for which the party does not bear the burden of proof by August 27, 2015.
- Reply and response briefs for the July 27, 2015 and August 27, 2015 briefing respectively to be filed by September 14, 2015.
- Reply briefs in respect of the issues raised in the August 27, 2015 opening brief by September 28, 2015.
An update on the Company's patent lawsuit against Citrix follows.
The Company is protecting its intellectual property against Citrix's GoToMyPC product offering. The lawsuit is taking place in the United States District Court, Northern District of Ohio, Eastern Division and alleges that Citrix's GoToMyPC product line infringes the Company's patent 6,928,479 (" '479 Patent"). The Company is seeking damages based upon a reasonable royalty, back to August 2005 the date the patent was issued, for infringement, as well as pre and post judgment interest on awarded damages; treble damages for willful infringement, a permanent injunction and attorneys' fees. An overview of recent events follows.
The recent Markman Order. A claim construction memorandum and order, also referred to as a Markman Order, establishes the meaning of the patent terms in dispute between the parties. In the Markman Order received on June 12, 2015 the Court ruled on the meaning of four disputed claim terms, adopting the Company's proposed construction for all four claim terms. The Court also agreed with the Company that the preamble to claim 24 of the '479 Patent was not limiting and hence concluded that it was not necessary to construe two additional claim terms contained in the preamble.
The inter partes reexamination that had been initiated by Citrix. On October 16, 2014 the United States Court of Appeals for the Federal Circuit rendered their decision affirming the United States Patent and Trademark Office`s ("USPTO") Patent Trial and Appeal Board decision that the '479 Patent is valid and then issued their mandate to the USPTO to issue the reexamination certificate. On May 18, 2015 the USPTO issued that inter partes reexamination certificate bringing this part of the case to a successful conclusion.
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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, [email protected]