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TeleCommunication Systems, Inc.: TeleCommunication Systems Files "Friend of the Court" Brief to Supreme Court in Bils


Published on 2009-07-24 11:33:23, Last Modified on 2009-07-24 11:33:30 - Market Wire
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ANNAPOLIS, MD--(Marketwire - July 24, 2009) - TeleCommunication Systems, Inc. (TCS) (NASDAQ: [ TSYS ]), a leading provider of wireless communications technology, today announced that the firm of Flachsbart & Greenspoon, LLC has filed an Amicus Curiae brief to the Supreme Court of the United States in Bilski v. Doll on its behalf. The "friend of the court" brief raises issues that are worthy of consideration as the Supreme Court reviews the Federal Circuit's decision regarding "process" inventions. The Circuit Court's decision could deny the issuance of a patent to "process" inventions except for those tied to a "particular machine" or that "transform an article from one state to another." The TCS brief points out that affirming that the machine-or-transformation test is a rigid standard for patentability creates the potential for broad inequities, especially if applied retroactively, since inventors have heretofore been writing claims for patentability that strive to meet a different standard than would now be in effect. Since the lower court decision changes the "definitive test" of patent eligibility in current use and goes against the historical intent of the Patent Act and earlier Supreme Court decisions, it has the potential of introducing significant instability into the patent system, and TCS urges the Supreme Court not to apply the lower court's holding to any existing patents or patent applications.

While TCS's patent portfolio does not include the sort of financial services inventions that were rejected during this case, copyists have already sought to extend the lower court holdings to attack high-technology patents like those of TCS. TCS asks the Supreme Court to stop such improper attacks on innovation by applying any affirmance of the relevant legal standard in a prospective manner only.

TCS is a high-technology company whose investment in R&D over twenty years has resulted in a portfolio of communications technology patents and other intellectual property rights. TCS holds 87 patents, most in the United States, and more than 250 applications pending. Based in Maryland, TCS has over 650 employees. TCS technologies include, among many others, E9-1-1 location systems -- equipment that allows first responders to pinpoint the location of emergency 9-1-1 wireless calls, and satellite technology that supports highly trained military personnel in life-or-death conditions. Investment resources for such lifesaving innovations would not have been possible without a predictable, reliable patent system.

"TCS takes no sides in filing this brief," said Drew Morin, chief technology officer, TCS. "We hope our perspective as an innovative technology company will assist the Supreme Court in its consideration of important legal standards. We are urging the Supreme Court to protect the patent system from rulings which might unfairly damage the innovation and investment community."

For more information on the TCS brief, see: [ www.telecomsys.com/BilskiBrief ].

About TeleCommunication Systems, Inc.

TeleCommunication Systems, Inc. (TCS) (NASDAQ: [ TSYS ]) engineers and delivers highly reliable wireless communications technology. TCS is a leader in wireless text messaging and location-based technology, including E9-1-1 services and commercial applications like navigation that use the precise location of a wireless device, and secure satellite-based communications systems and services. Customers include leading wireless and VoIP carriers around the world, cable MSOs, automotive telematics vendors, and agencies of the U.S. Departments of Defense, State, and Homeland Security. TCS is one of six primary vendors on a $5 billion Army Worldwide Satellite Systems Contract vehicle. For more information, visit [ www.telecomsys.com ].

Except for the historical information contained herein, this news release contains forward-looking statements as defined within Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These statements are subject to risks and uncertainties and are based upon TCS' current expectations and assumptions that if incorrect would cause actual results to differ materially from those anticipated. Risks include without limitation those detailed from time to time in the Company's SEC reports, including the report on Form 10-K for the year ended December 31, 2008, and the quarter ended March 31, 2009.

Existing and prospective investors are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. The Company undertakes no obligation to update or revise the information in this press release, whether as a result of new information, future events or circumstances, or otherwise.

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