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
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
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.
INVESTOR CONTACT: Brian Stringer Chief Financial Officer 01 Communique (905)
795-2888 x204 firstname.lastname@example.org
SOURCE: 01 Communique Laboratory Inc.
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