XYBR files patent infringement lawsuit against TELT!
Xybernaut(R) Files Patent Infringement Action Against Teltronics
FAIRFAX, Va., June 9 /PRNewswire/ -- Xybernaut Corporation (Nasdaq: XYBR), a leader in wearable computing, today announced that it had filed a complaint in the United States District Court for the District of Delaware against Teltronics (Nasdaq: TELT), its subsidiary Interactive Solutions, Inc., and a customer of Interactive Solutions, Inc. This complaint details the infringement by defendants of Xybernaut's patents, including U.S. Patents 5,844,824 and 5,305,244, the latter of which has received further recognition and approval from the U.S. Patent and Trademark Office through two re- examination certificates. The complaint requests that the court rule that infringement has taken place and that the defendants be enjoined against future infringement. In addition, the complaint also asks for an award of damages resulting from the defendants infringing conduct, including a request for trebled damages and attorneys fees.
Edward G. Newman, President of Xybernaut stated "It is unfortunate that Teltronics did not follow through on the fair and equitable licensing arrangement we recently proposed to them and that we are left with no alternative but to initiate this legal action. By licensing other companies to use our technology, we seek to expand the market for wearable computers and we feel this market will be large enough for many companies to profitably participate. Xybernaut's preference is to seek licensing arrangements but we will always defend our intellectual property. Jim Ralabate, our patent counsel, led the successful defense and licensing of Xerox's patent portfolio when he was general patent counsel for Xerox Corporation and he stands ready to lead Xybernaut in this effort as well. We have engaged Carl G. Love of the law firm of Pillsbury, Madison & Sutro, located in Washington, D. C., to support Jim in this legal effort."
Jim Ralabate, patent counsel for Xybernaut added "It has been my pleasure to assist Xybernaut in establishing a patent portfolio that also includes several U.S. and corresponding foreign patents and patent applications. In my opinion, this patent portfolio provides solid and broad worldwide protection for Xybernaut's intellectual property. While we expect to prevail in any adversarial attempts to violate Xybernaut's intellectual property, we also hope to reach equitable licensing arrangements with any party who is offering or wishes to offer products that use our patented technology."
About Xybernaut Corporation:
Xybernaut Corporation is the leader in providing hardware, software and service solutions to the wearable computing industry. The Company's patented wearable computer allows users hands-free access to information in the computer's internal storage, in local area networks and on the Internet on an as-needed, where-needed basis. Xybernaut's software is designed to provide users with the right information needed for the task at hand using consistent navigation techniques and screen presentations. Xybernaut's current customers include leading Fortune 500 companies and government organizations for many mobile knowledge delivery system applications, including installation, maintenance and repair, diagnosis, inspection, inventory control, manufacturing and data collection. Key industries include manufacturing, distribution, transportation, government, and insurance. Headquartered in Fairfax, Virginia, Xybernaut has offices and subsidiaries in Europe (Germany) and Asia (Japan).
This press release contains forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995 (the "Act"). In particular, when used in the preceding discussion, the words "plan," "confident that," "believe," "expect," or "intend to," and similar conditional expressions are intended to identify forward-looking statements within the meaning of the Act and are subject to the safe harbor created by the Act. Such statements are subject to certain risks and uncertainties and actual results could differ materially from those expressed in any of the forward-looking statements. Such risks and uncertainties include, but are not limited to, market conditions, the availability of components and production of the Mobile Assistant, general acceptance of the Company's products and technologies, competitive factors, the ability to successfully complete additional financings and other risks described in the Company's SEC reports and filings.
Visit Xybernaut's Web Site at xybernaut.com.
SOURCE Xybernaut Corporation
/CONTACT: Company, Robin Bono, Director of Corporate Communications of
Xybernaut Corporation, 703-631-6925, rbono@xybernaut.com; or Investor
Relations, Ron Stabiner of The Wall Street Group, Inc., 212-888-4848,
wallstreetgroup@msn.com, for Xybernaut Corporation; or Press, Karen Thomas of
Thomas Public Relations, 516-549-7575, kthomas@thomas-pr.com, for Xybernaut
Corporation/
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/Web site: xybernaut.com |
