Durro and All, I just received this email notice from Edata:
<NEWS RELEASE>
E-data Contact: Arnold L. Freilich, President (201) 866-8456 / alfco@planet.net
Legal Contact: David Fink, Esq. (203) 325-3344
Media Contact: Warren J. Cavior The Cavior Organization (212) 687-6070 / caviorg@aol.com
E-DATA FILES 240 PATENT INFRINGEMENT CLAIMS AGAINST THIRTEEN DEFENDANTS IN NEW YORK COURT LICENSES TWO MORE IN CONNECTICUT CASE Secaucus, NJ ...August 26, 1996... E-data Corporation (OTC Bulletin Board: GIFT) announced today that it has filed 240 specific claims of patent infringement against thirteen defendants in a suit brought by the company in U.S. District Court for the Southern District of New York. President Arnold L. Freilich said that E-data delivered the 281-page document to Judge Barbara Jones in her chambers on August 23 and that all thirteen defendants should receive their copies today. "We have been timely and completely responsive to Judge Jones' request to furnish specific infringement arguments for our key electronic commerce patent," said Freilich.
The thirteen defendants remaining in the New York suit, after five settled and were dismissed by E-data, are: Apogee Software Limited; Broderbund Software Inc. (NASDAQ:BROD); CompuServe Corp. (NASDAQ:CSRV); CyberSource Corporation; Internet Shopping Network, a subsidiary of Home Shopping Network, Inc. (NYSE:HSN); Intuit Inc. (NASDAQ:INTU); The Library Corporation; The McGraw-Hill Companies, Inc. (NYSE:MHP); Soft & Net Distribution S.A.; Softlock Inc.; Telebase Systems Inc.; Waldenbooks and Ziff-Davis Publishing Corp.
E-data patent counsel David Fink said that each of the defendants infringes, on average, about nineteen of the fifty-six patent claims. "Under the law, infringement of even one patent claim creates liability for a defendant," he noted. "We are confident that with so many specific and narrowly defined claims in our patent, E-data will be successful in its enforcement of its intellectual property rights."
The fifty-six claims of U.S. Patent No. 4,528,643, entitled "System for Reproducing Information in Material Objects at a Point of Sale Location," cover a system and method of electronic distribution of software, type fonts, digital images and information using certain PC and CD-ROM transactions. "Dr. Charles Freeny brilliantly conceived systems anticipating the recent rush of electronic distribution through the Internet and other now economical channels," said Fink.
Fink stated that Judge Jones has scheduled a conference for September 6 as the next step in the litigation process, looking to move rapidly to a trial on infringement.
Freilich also announced that two more defendants in a similiar suit filed by E-data in Connecticut have licensed, leaving 14 defendants remaining. Pacific Coast Software, Inc., an automated graphics reseller operating "Graphics-on-Call" on the World Wide Web, and Astoria Software, a reseller and service provider utilizing proprietary "Ziplock" technology, have taken licenses and have been dismissed by E-data from the suit. Terms of their settlements were not disclosed.
E-data had already licensed IBM, VocalTec, Adobe and seven other companies with activities on the World Wide Web of the Internet. |