Augme Technologies, Inc. AUGT today announced that the Company has received two back-to-back favorable claim construction rulings in its patent litigations against AOL and Yahoo!. One decision was issued by the Hon. Colleen McMahon, District Judge of the Southern District of New York in the Company's patent lawsuit against AOL, Inc. and TACODA, Inc., while the other was issued by the Hon. Joseph C. Spero, Magistrate Judge of the Northern District of California in the Company's patent lawsuit against Yahoo!
John Cronin, Managing Director and Chairman of ipCapital Group stated upon review of the decisions, "When we started working with Augme we knew that its IP was not only fundamental to the new and large mobile marketing space, but that it was also applicable to many additional markets. I was very pleased that both Markman rulings clearly echo our views in this regard. The opinions of both courts support our strategy of monetization across broad market segments. Fair, balanced and positive Markman rulings issued by two independent and knowledgeable jurists, separately evaluating the claims, will surely streamline our work program going forward."
In patent litigation, Markman hearings are conducted to clarify the meaning of disputed claim terms and, thus, define the scope of the patents at issue. Before issuing a Markman ruling, a judge examines and evaluates the language of the claims after reviewing (i) the disclosure of the patent, (ii) the history of its consideration before the Patent and Trademark Office, and (iii) documentary and testimonial evidence as to the understanding of the claim terms by those skilled in the patent technology. The judge then renders a decision in the form of a Claims Construction Ruling. Both the AOL and Yahoo! cases are set for further proceedings based on the Markman rulings.
"Protecting our products and services in the marketplace and defending the intellectual property rights afforded by our patent portfolio represent key responsibilities and commitments to our Company and all of its stakeholders," stated Paul Arena, Chief Executive Officer of Augme Technologies, Inc. "We have invested an extraordinary amount of time, capital and focused team effort in this area of our business. The court decisions in our AOL and Yahoo! patent infringement cases validate our work, and we are pleased to report this significant, hard fought and well deserved progress by our legal, technical and management teams toward the achievement of our objectives."
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