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Augme Technologies Announces Trial Date in Yahoo! Patent Infringement LawsuitCase to Proceed to Trial on January 7, 2013 (January 09, 2012)
NEW YORK, NY -- (Marketwire) -- 01/09/12 -- Augme Technologies, Inc. (OTCBB: AUGT) ("Augme®") ("the Company"), a technology and services leader in interactive media marketing that offers the only patented and innovative end-to-end mobile marketing platform, today announced that, at a proceeding on January 6, 2012, a jury trial date of January 7, 2013 was set in Augme's patent infringement case against Yahoo! involving United States Patent Nos. 6,594,691 and 7,269,636. The trial will be held in the United States District Court for the Northern District of California, Case No. C-09-5386-JCS. The remedies available to Augme, if successful, include an injunction prohibiting any further infringing acts, an appropriate award of damages adequate to compensate the Company for previous infringements, potential attorneys' fees and costs of the action.
On November 12, 2010, Yahoo! filed a motion for summary judgment with the United States District Court for the Northern District of California. On December 3, 2010, an order was issued by Magistrate Judge Joseph C. Spero denying the Yahoo! motion without prejudice. On December 3, 2010, Yahoo! amended its Answer in the case to allege willful infringement by Augme and World Talk Radio, LLC of two patents owned by Yahoo!. Augme believes that these counterclaims are meritless and will continue to vigorously pursue prosecution of the claims related to Yahoo!'s infringement of the Company's patents. On August 11, 2011, a Markman hearing was held at the United States District Court for the Northern District of California with Magistrate Judge Joseph C. Spero. On September 13, 2011, Judge Spero issued a Claims Construction Order that is believed to be favorable to the Company with respect to a number of claim interpretations.
"We look forward to focusing our attention on the pending trial date and the ongoing and successful prosecution in defense of rights afforded the Company by its growing patent portfolio," noted Paul Arena, Chief Executive Officer of Augme Technologies, Inc. "We are pleased to report this measured and highly anticipated progress towards a successful resolution that our investors and stake holders have long deserved. We remain open to settlement discussions with Yahoo!; however, in the absence of an appropriate settlement, we eagerly anticipate the opportunity for resolution through the trial process as prescribed by the court's scheduling order."
Since its inception in 2007, Augme's intellectual property monetization strategy has been developed and designed to protect the Company's leading mobile marketing and advertising Software as a Service ("SaaS") technology, which is embodied in its award-winning Hipcricket and Augme Technologies brands. The Company has focused on deriving value from the licensing of its growing patent portfolio, litigating only when required. More than 600 companies operating in the United States that are subject to Augme's patent coverage have been identified as infringers of Augme's technology.
The Company's patent portfolio relates to content targeting, SMS, MMS, device detection, mobile marketing, targeted advertising and advanced anonymous data analytics technologies. The fields of use include mobile marketing, Internet targeted marketing, behavioral advertising, advertising networks, Internet broadcasting operations and other targeting software and mobile applications. Augme's patent portfolio includes 7 issued patents and 21 pending applications from the combined inventions developed during more than a decade of innovation and mobile marketing industry leadership.
About Augme Technologies, Inc.
Augme Technologies, Inc. (OTCBB: AUGT) provides strategic services and mobile marketing technology to leading consumer and healthcare brands. Its platforms, including AD LIFE®, have provided measurable successes across an industry-leading 130,000+ campaigns for such clients as Macy's, MillerCoors, Nestle, KFC, and Clear Channel. Augme's offerings allow marketers, brands, and agencies to plan, create, test, deploy, and track mobile marketing programs across every mobile channel, including SMS, 2D/QR codes, mobile websites, advertising networks, social media and branded apps. Augme's platforms facilitate 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® acquired the assets of Hipcricket, Inc. and Jagtag, Inc. and licenses the digital broadcast platform BOOMBOX®. Augme® is headquartered in New York City, with operations in Seattle, Atlanta, Dallas, Los Angeles, San Francisco, Chicago and Tucson. For more information, visit www.augme.com.
Augme Technologies, Inc., Augme®, AD LIFE®, BOOMBOX®, AD SERVE and the Augme logo are trademarks of Augme Technologies, Inc. All rights reserved. 2009-11.
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," "will," 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 28, 2011 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.
For Augme Technologies, Inc.
Investor Relations Contact:
Stephanie Prince / Jody Burfening
Lippert/Heilshorn & Associates, Inc.
[email protected] or [email protected]
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