Mr. Andrew Cheung reports
01 COMMUNIQUE PROVIDES AN UPDATE ON ITS PATENT REEXAMINATION
Trial and Appeals Board (PTAB) has rendered its decision affirming
the examiner's finding of validity of 01 Communique Laboratory Inc.'s patent No. 6928479.
"We are pleased that the PTAB has reaffirmed the validity of our
patent," said Andrew Cheung, president and chief executive officer for 01 Communique. "We
will now focus our attention on requesting the judge to lift the stay
in the Citrix case so that we can proceed to trial."
On Feb. 2, 2006, a lawsuit was filed by the company in the United
States District Court, Northern District of Ohio, Eastern Division,
against Citrix Systems Inc. alleging infringement of the
479 patent. As part of the litigation, Citrix requested an inter partes
re-examination of the 479 patent by the United States Patent and
Trademark Office (USPTO) and also requested a stay in the court
proceedings. The stay was granted by the judge in the case. The company
proceeded with the re-examination 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
re-examination. Citrix appealed that decision to the USPTO's Patent
Trial and Appeals Board. The PTAB has now rendered its decision
affirming the examiner's finding of validity of the 479 patent.
The company is represented by Baker & Hostetler LLP in this matter, and
the case is being tried in the Northern District of Ohio.
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