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01 Communique Laboratory Inc
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Close 2013-10-28 C$ 0.20
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01 Communique's 479 patent validated by PTAB

2013-10-29 12:16 ET - News Release

Mr. Andrew Cheung reports

01 COMMUNIQUE PROVIDES AN UPDATE ON ITS PATENT REEXAMINATION

The Patent 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."

Background

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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