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01 Communique Provides an Update on its Inter Partes Re-examination as part of its Patent Litigation with Citrix Systems Inc.

^{Published on 2009-09-03 04:40:26 - Market Wire}
 

 TORONTO, Sept. 3 /CNW/ - Communique Laboratory Inc. (TSX:ONE) today provided an update on its inter partes re-examination from the United States Patent and Trademark Office ("USPTO") as part of its patent litigation with Citrix Systems Inc. The USPTO recently issued an Office Action Closing Prosecution (non-final) in which 4 claims were found to be patentable. The company is confident that the outcome of the reexamination process will be the affirmation of the validity of asserted claims of the '479 patent as originally issued. A copy of the Office Action is available from the USPTO's web site at [ http://portal.uspto.gov/external/portal/pair ]. The application number is 95/001018. "We are pleased that the USPTO has found 4 claims to be patentable in their recent communication," said Andrew Cheung, President and CEO for 01 Communique. "In addition to reaffirming the validity of the patent, the re-examination process also provides us with the opportunity to strengthen our infringement arguments, which is our plan. There were many issues that had to be dealt with in this Office Action and now that they are out of the way we can concentrate on addressing a few key points. We are confident our response will result in a final decision that not only enhances our position with respect to the validity of our patent; but also our infringement arguments and our case for past damages." 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, approximately one month before the trial was scheduled to commence, the judge issued a memorandum and order staying the case pending re-examination of the patent by the USPTO. "We commenced litigation against Citrix to protect our intellectual property rights," said Andrew Cheung, "We spent in excess of $15m developing our remote access suite of products around this technology and will continue to defend our interests." 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) 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). 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. 

For further information: INVESTOR CONTACT: Brian Stringer, Chief Financial Officer, 01 Communique, (905) 795-2888 x204, [ brian.stringer@01com.com ]