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U.S. District Court of New York Reactivates Augme Patent and Trademark Infringement Case Filed in 2009 Against AOL, Time Warner, Platform-APretrial Conference Scheduled for January 25, 2012 (December 15, 2011)
NEW YORK, NY -- (Marketwire) -- 12/15/11 -- 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 the Hon. Judge Sweet of the United States District Court in New York has scheduled a pretrial conference for January 25, 2012 in Augme's case against AOL, Time Warner and Platform-A. The Order scheduling this conference required the parties to develop a schedule to prepare the case for trial and to set a trial date.
The case, which was originally filed by Augme against AOL LLC, Time Warner, Inc. and Platform-A, Inc., on January 26, 2009 in the United States District Court for the Central District of California (Case No. CV08-05914 SJO PJWx), was later transferred at the defendants' counsel's request to the United States District Court of New York. The lawsuit asserts that AOL, Time Warner, and Platform-A are infringing on 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." 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 on their portal website www.theboombox.com, which is alleged to be confusingly similar to Augme's registered trademark BOOMBOX RADIO® and BOOMBOX®. Augme is seeking injunctive relief and as yet unspecified damages stemming from the alleged infringing activities.
"The setting of a trial date for this case represents a significant milestone, and we are pleased to report this long-awaited development to our shareholders," stated Paul Arena, Chief Executive Officer of Augme Technologies, Inc. "Our legal counsel, Goodwin Procter, will, at this conference, present a detailed proposal to the court for advancing this case to trial. The case is directed at the AOL advertising systems, including its Project Devil, Platform-A, and Time Warner ad delivery systems, which have accumulated what we believe to be significant damages during AOL and Time Warner's continued and blatant infringement on our intellectual property. Augme believes it will prevail in this patent enforcement effort and welcomes the opportunity to ensure that it receives full recovery from all of AOL's infringing activities that are not associated with the operation of the behavioral targeting systems that AOL acquired from Tacoda in 2007, which are the subject of a separate case that is being prosecuted in the U.S. District Court of New York."
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, Chicago, Tucson and San Francisco. 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.
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