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01 Communique Receives Favorable Markman Order

TORONTO , June 12, 2015 /CNW/ - 01 Communique Laboratory Inc. (TSX-V:ONE) today announced...

article01 Quantum Inc.June 12, 20154/company/01-communique-laboratory-inc/news/01-communique-receives-favorable-markman-order
01 Communique Receives Favorable Markman Order

About this update from 01 Quantum Inc.

[{"type":"text","content":"\n\nTORONTO, June 12, 2015 /CNW/ - 01 Communique Laboratory Inc. (TSX-V:ONE) today announced that it has received the court's claim construction memorandum and order that is part of the Company's patent litigation with Citrix Systems Inc. (\"Citrix\"). The Court adopted the claim construction put forth by the Company for all patent terms that were construed thus reinforcing the Company's conviction that Citrix's GoToMyPC product offering is infringing the Company's patent 6,928,479 (\" '479 Patent\"). \n\n\"We are pleased with the results of this Markman Order,\" said Andrew Cheung, President and CEO for 01 Communique. \"This is another positive step forward in our lawsuit against Citrix and follows the recently received inter partes reexamination certificate. We remain confident in the merits of our case and are looking forward to our day in court.\" \n\nA claim construction memorandum and order, also referred to as a Markman Order, establishes the meaning of the patent terms in dispute between the parties. In this Markman Order the Court ruled on the meaning of four disputed claim terms, adopting the Company's proposed construction for all four claim terms. The Court also agreed with the Company that the preamble to claim 24 of the '479 Patent was not limiting and hence concluded that it was not necessary to construe two additional claim terms contained in the preamble.  \n\nAn update on the Company's patent lawsuit against Citrix Systems Inc. (\"Citrix\") follows.  \n\nThe Company is protecting its intellectual property against Citrix's GoToMyPC product offering. The lawsuit is taking place in the United States District Court, Northern District of Ohio, Eastern Division and alleges that Citrix's GoToMyPC product line infringes the '479 Patent. The Company is seeking damages based upon a reasonable royalty, back to August 2005 the date the patent was issued, for infringement, as well as pre and post judgment interest on awarded damages; treble damages for willful infringement, a permanent injunction and attorneys' fees. An overview of recent events follows. \n\nThe inter partes reexamination that had been initiated by Citrix. On October 16, 2014 the United States Court of Appeals for the Federal Circuit rendered their decision affirming the United States Patent and Trademark Office`s (\"USPTO\") Patent Trial and...

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