01 Communique Provides an Update on its Patent Litigation with Citrix Systems Inc.

TORONTO, Dec. 22, 2015 /CNW/ - 01 Communique Laboratory Inc. (ONE:TSX-V) today announced that it received the Court's order in respect of summary judgment motions filed in its patent infringement lawsuit against Citrix Systems Inc. ("Citrix"). The lawsuit was filed in the United States District Court Northern District of Ohio and alleges infringement by Citrix of our U.S. Patent No. 6,928,479 ("the '479 Patent").

"We are happy that the Court has ruled in our favor in regards to our motion for summary judgment that the claims of the '479 Patent that we asserted in our patent lawsuit are patent eligible and not considered an abstract idea," said Andrew Cheung, President and CEO for 01 Communique. "We look forward to our day in Court with jury selection scheduled for January 8, 2016 and trial starting the following week. We expect trial to last between five to seven days after which a jury decision is expected."

A summary of the Court's order follows:

Citrix's motion for summary judgment that the asserted claims of the '479 Patent are ineligible under Section 101, commonly referred to as an Alice motion, is denied and our motion for summary judgment that the asserted claims are eligible under Section 101 is granted.  

Our motion for summary judgment of direct infringement is denied, with the Court finding that this matter should proceed to trial where it is the role of the factfinder at trial, not the Court on summary judgment, to consider the qualifications of the experts and the strength of their opinions with respect to infringement.

Our motion for summary judgment for exclusion of prior art references raised during the re-examination is denied however the order notes that we are not precluded from objecting at trial to the introduction of a prior art reference that was, or could have been, introduced during the re-examination.

Citrix's motion for summary judgment on our claims for willful infringement and injunctive relief is denied, with these issues to be resolved at trial. Citrix's motion for summary judgment of no induced infringement is granted.

A summary of other recent developments in the lawsuit is as follows:

The Company is protecting its intellectual property against Citrix's GoToMyPC product offering. The Company is seeking damages based upon a reasonable royalty, back to August 2005 which is the date the patent was issued, for infringement, as well as pre and post judgment interest on awarded damages; treble damages for willful infringement, and attorneys' fees.

The inter partes re-examination. On October 16, 2014 the United States Court of Appeal for the Federal Circuit rendered their decision affirming the United States Patent and Trademark Office`s ("USPTO") Patent Trial and Appeals Board decision that the Company`s '479 Patent is valid and then issued their mandate to the USPTO to issue a re-examination certificate. On May 18, 2015 the USPTO issued that inter partes re-examination certificate.

The Markman Order. On June 12, 2015 the Court issued its claim construction order and memorandum ruling 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. 

Neither TSX Venture Exchange ("TSX-V") 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 [phone] (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.

INVESTOR CONTACT: Brian Stringer, Chief Financial Officer, 01 Communique, [phone] x204, [email protected]