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Augme Patent Infringement Case Is Sent to Trial: AOL's Motion for Summary Judgment Is Denied by U.S. District Court in New YorkAugme Is Seeking Injunctive Relief and Unspecified Damages in Long-Awaited Trial; Judge Orders Joint Pre-Trial Order Filed by November 2, 2012 (May 31, 2012)
NEW YORK, NY -- (Marketwire) -- 05/31/12 -- Augme Technologies, Inc. (OTCBB: AUGT), ("Augme®") ("the Company") a technology and services leader in interactive media marketing that offers the only patented end-to-end mobile marketing and mobile advertising platform, today announced that the United States District Court, Southern District of New York, has denied AOL's motion for summary judgment against Augme, sending the five-year old case to trial.
Augme's suit asserts that AOL is infringing United States Patent No. 6,594,691, "Method and System for Adding Function to a Web Page," and United States Patent No. 7,269,636 "Method and Code Module for Adding Function to a Webpage". In her ruling Hon. Judge McMahon notes that this case is the oldest on the Court's docket. Therefore, she requests a written assessment from each party of what is needed to have the case ready for trial with a Joint Pre-Trial Order filed no later than November 2, 2012.
A second and separate case filed against AOL in 2009 is now proceeding in the U.S. District Court of New York and also includes United States Patent No. 6,594,691, "Method and System for Adding Function to a Web Page," and United States Patent No. 7,269,636 "Method and Code Module for Adding Function to a Webpage" is being asserted against AOL, Time Warner and Platform-A. The complaint also includes a claim against AOL for trademark infringement, unfair competition and false designation of origin in connection with AOL's use of THE BOOMBOX designation located at their portal website www.theboombox.com, which is alleged to be confusingly similar to Augme's registered trademark BOOMBOX RADIO® and BOOMBOX®.
A third case against AOL, Inc. was originally filed in 2011 in the U.S. District Court for the Eastern District of Virginia, seeking damages relating to the alleged infringement of additional patents owned by Augme, U.S. Patent Nos. 7,783,721 ("Method and Code Module For Adding Function to a Web Page") and 7,831,690 ("Appliance Metaphor For Adding Media Function To A Web Page"). On July 26, 2011 the case was moved to the U.S. District Court for the Southern District of New York. This case remains pending. In both these pending cases Augme is seeking injunctive relief and as yet unspecified damages stemming from the alleged infringing activities.
"Denial of summary judgment is welcome news and validation that the patent infringement by AOL that Augme has battled to be heard will have its day in United States Federal court," said Paul Arena, Chief Executive Officer, Augme Technologies. "AOL's failure throughout this long process is evident. Augme has continued to grow as a mobile marketing and mobile advertising industry leader while this case has proceeded through the courts. With a trial on track for this year, and one also set against Yahoo! in early 2013 involving the same patents, the foundation is in place for full recognition of Augme's operating and intellectual property assets."
Augme's industry-leading patent portfolio includes 12 issued patents and over 80 pending patents in the U.S. and internationally with over 2,000 claims in the telecom, media and Internet ('TMT') space.
About Augme Technologies, Inc.
Augme® Technologies, Inc. (OTCBB: AUGT) provides strategic services and mobile marketing technology to leading consumer and healthcare brands. Selling its products and services under the Hipcricket brand, Augme's platform has provided measurable successes across an industry-leading 175,000 campaigns for its clients, which include many of America's brand-name leaders (e.g., Macy's, MillerCoors, Nestle, Clear Channel) in a variety of industries, along with their agencies.
Augme's offerings allow marketers, brands, and agencies to plan, create, test, deploy, and track mobile marketing programs across every mobile channel, including SMS, MMS, 2D/QR codes, mobile websites, advertising networks, social media and branded apps. Augme's AD LIFE platform facilitates consumer brand interaction and the ability to track and analyze campaign results. Using its own patented device-detection and proprietary mobile content adaptation software, AD LIFE® solves the mobile marketing industry problem of disparate operating systems, device types, and on-screen mobile content rendering. Augme also provides business-to-consumer solutions, including national mobile couponing campaigns, strategic mobile healthcare tools, custom mobile application development, and consumer data tracking and analytics. In addition to AD LIFE®, Augme in 2011 acquired the assets of Hipcricket, Inc. and JAGTAG, Inc. and licenses the digital broadcast platform BOOMBOX®. The company's industry-leading patent portfolio now includes 12 issued patents and over 80 patent applications pending in the U.S. and internationally. Augme is headquartered in New York City, with operations in Seattle, Atlanta, Dallas, Los Angeles, San Francisco, Chicago, Miami and Tucson. For more information visit www.augme.com or www.hipcricket.com.
Augme Technologies, Inc., Hipcricket®, Augme®, AD LIFE®, BOOMBOX®, AD SERVE® and the Augme logo are trademarks of Augme Technologies, Inc. All rights reserved. 2009-12.
This release includes forward-looking statements. All statements regarding our expected future financial position, including management's revenue guidance, results of operations, cash flows, financing plans, business strategy, products and services, competitive positions, growth opportunities, plans and objectives of management for future operations, as well as statements that include words such as "anticipate," "if," "believe," "plan," "estimate," "expect," "intend," "may," "could," "should," " and other similar expressions are forward-looking statements. All forward-looking statements involve risks, uncertainties and contingencies, many of which are beyond our control, which may cause actual results, performance, or achievements to differ materially from anticipated results, performance, or achievements. Factors that may cause actual results to differ materially from those in the forward-looking statements include those set forth in Augme's Form 10-K for the year ended February 29, 2012 and more recent reports and registration statements filed with the SEC. Augme Technologies, Inc. is under no obligation (and expressly disclaims any such obligation) to update or alter such forward-looking statements, whether as a result of new information, future events or otherwise.
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