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YANGAROO Sets The Record Straight On Its U.S. Patent Infringement And Injunction Claim Against Destiny Media
YANGAROO Sets The Record Straight On Its U.S. Patent Infringement And Injunction Claim Against De...
About this update from Yangaroo Inc.
[{"type":"text","content":"\n\n\n\nDec. 4, 2009 (Canada NewsWire Group) -- TORONTO, Dec. 4 /CNW/ -- YANGAROO Inc. (TSX-V: YOO, OTC: YOOIF), the industry's leading secure digital media distribution company, is pleased to provide the true status of its patent infringement and injunction claim in the U.S. against Destiny Media Technologies Inc. (OTCBB:DSNY) (\"Destiny\"), in response to misinformation contained in a press release issued by Destiny on December 3, 2009.In the release, Destiny's CEO Steve Vestergaard stated that \"we consider this case a nuisance suit\". Clearly the U.S. Federal Court does not; having ruled against Destiny's Motion to Dismiss the claim.In its release Destiny states:- \"We are taking advantage of the local court's 'fast track summaryjudgment' procedure...\". YANGAROO chose the jurisdiction in which tofile this claim in order to have an expeditious process.- \"...the Court ruled in Destiny's favor on October 13, 2009\". Thisstatement is false. YANGAROO'S counsel stipulated to limit discoveryto the single issue of extraterritoriality as a convenience to theparties, in order to dispose of that issue as expeditiously aspossible.- \"In order to expedite this legal process, we are providing Yangaroo'scounsel a copy of the Player and Encoder software...\". This statementis very misleading. Only under threat by YANGAROO to file a motionwith the Court demanding such access did they comply.- \"...we will be seeking our legal fees...\". Destiny's suggestion thatthey will seek attorneys' fees is not well founded in the law.Destiny's on the record statement that it has servers located in Canada is of substantial interest in YANGAROO'S $15 million Canadian patent infringement claim against them, in which an injunction has also been requested.\"Although we do not intend to litigate our U.S. claim against Destiny in the press, we are pleased that they have again brought to the attention of the investment community and the media that there is a very real and significant risk to Destiny's future economic prospects as we are very confident YANGAROO will prevail in this action,\" said John Heaven, President and CEO of YANGAROO. \"By comparison, the risk to YANGAROO is limited to the remote possibility of the court awarding Destiny court costs or damages for enforcing our legitimately granted patents.\"\"We will take all actions necessary to prevent...