01 Communique Provides an Update on its Patent Litigation with Citrix Systems Inc.
(CTXS:NSDQ)
TORONTO, PRNewswire-FirstCall/ - 01 Communique Laboratory Inc. (TSX:ONE) today announced that prosecution of the inter partes reexamination of its United States Patent # 6,928,479 is now closed. The United States Patent and Trademark Office ("USPTO") has issued a Right of Appeal Notice concluding that ALL of the claims in the inter partes re-examination, that were challenged by Citrix Systems, Inc., are patentable.
There are 46 claims of invention ("claims") contained in the patent of which 25 were subject to the inter partes reexamination and 24 of these claims were asserted by 01 as infringed by Citrix. The Patent Examiner has reaffirmed the patentability of all 25 claims in the Right of Appeal Notice.
"We are very pleased with the outcome of the reexamination," said Andrew Cheung, President and CEO of 01 Communique. "The conclusion of the Patent Examiner reaffirms our conviction that all of the claims asserted against Citrix are valid including all of the independent claims which have been found to be patentable as originally issued. We believe that our patent is not only infringed by GoToMyPC as presently asserted in our litigation; but also GoToMeeting. We are confident that Citrix will be held accountable for its infringement all the way back to the time of the patent's issuance in August 2005. We will be meeting with our professional advisors over the coming weeks to determine our next steps in enforcing our patents."
Patent Litigation Update - The background of our case against Citrix is as follows. In February, 2006 we commenced legal action against Citrix for infringement of our patent. A copy of the court pleading is on our web site. A claim construction hearing, commonly referred to as a Markman Hearing, was held in November 2006. The claim construction order establishes the meaning of the patent claims terms in dispute between the parties. In the Order, the judge adopted the construction asserted by the Company for 19 of the 20 disputed terms. In March 2008, the judge issued a memorandum and order staying the case pending the inter partes re-examination of the patent by the USPTO, which had been requested by Citrix. That reexamination has now been concluded, subject to any appeal.
A copy of the Right of Appeal Notice should be available within the next few days on the USPTO's web site at https://portal.uspto.gov/external/portal/pair.The application number is 95/001018.
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About 01 Communique
Established in 1992, 01 Communique (TSX: ONE) is an innovative force in the development and delivery of remote access and support products and integrated communications software. 01's suite of products includes its remote access product line I'm InTouch (www.imintouch.net) and its remote support product I'm OnCall (www.imoncall.com). For more information on its products, visit www.01com.com or call (905) 795-2888 or (800) 668-2185 (North America only).