The Company is protecting its intellectual property and has a long outstanding patent infringement lawsuit against Citrix's GoToMyPC product offering. In February 2006, the Company commenced a lawsuit in the United States District Court, Northern District of Ohio, Eastern Division, against Citrix alleging infringement by their GoToMyPC product line of 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 the events and timelines to date follows.
A jury trial took place in January 2016. The jury concluded that Citrix's GoToMyPC product did not infringe and that the '479 Patent was valid. The District Court's Judgment confirming the jury's verdict was received on February 9, 2016 and now post-trial motions can be filed, which include motions for renewed judgment as a matter of law and for a new trial. Post-trial motions are due to be filed by March 7, 2016.
The first Markman Ruling. On March 16, 2007 the court issued a patent claim construction ruling adopting the Company's claim construction for 19 of the 20 disputed claim terms (commonly referred to as the "Markman Ruling").
The inter partes re-examination. On December 7, 2007, an inter partes re-examination of the '479 Patent was requested of the United States Patent and Trademark Office ("USPTO") by Citrix. On March 12, 2008, the judge in the litigation issued a memorandum and order staying the case pending the inter partes re-examination. The Company proceeded with the re-examination and on July 6, 2010 a Right of Appeal Notice was issued confirming the patentability of the claims in the inter partes re-examination that were challenged by Citrix. Citrix filed a Notice of Appeal appealing that decision to the Patent Trial and Appeal Board ("PTAB"). On October 29, 2013 the PTAB rendered their decision affirming the Examiner's finding of validity of the '479 Patent. Citrix appealed that decision to the Federal Circuit. On October 16, 2014 the Federal Circuit rendered their decision affirming the PTAB's decision that the '479 Patent is valid and then issued their mandate to the USPTO to issue a re-examination certificate. On May 18, 2015 the USPTO issued an inter partes re-examination certificate.
The lifting of the Stay. After receiving the positive decision from the PTAB the Company requested and on February 14, 2014 the Court granted the request that the case be re-opened so that the stay can be lifted and the case proceed to trial.
The second Markman Hearing. A claim construction tutorial and hearing took place on November 12 and 13, 2014. On June 12, 2015 the Court issued its claim contruction, or Markman Order, in which 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.
Selected additional information on our lawsuits is provided herein. The information provided is a matter of public record. We are not able to guarantee that the following is a complete list of all applicable information regarding the legal proceedings in which we are involved, nor can we confirm that such information will be kept up to date on a regular basis. Additional information and filings are available from the U.S. Pacer System as well as the USPTO from their web site at: (http://portal.uspto.gov/external/portal/pair). When requesting information from the USPTO web site the application number is 95/001018.
About 01 Communique