NEWS RELEASE
E-DATA BEGINS APPEAL OF INITIAL ORDER IN LANDMARK INTERNET PATENT CASE
Retains major international law firm to represent E-data in U.S. and Europe
Greenwich, CT ...May 26, 1998... E-data Corporation (OTC Bulletin Board: GIFT) announced today that it has retained the Intellectual Property Department of Graham & James LLP, a major international law firm with 34 offices worldwide including 8 in the U.S., to appeal a federal court order issued on May 15 in its landmark Internet commerce patent case.
In her May 15 Opinion and Order relating to Interactive Gift Express (former name of E-data) v. Compuserve, et al, Judge Barbara Jones of U.S. District Court for the Southern District of New York denied E-data an evidentiary "Markman" hearing to hear expert witnesses on the meaning of its patent claims. E-data will ask Judge Jones to reconsider her initial interpretation of the patent or alternatively grant an evidentiary Markman hearing.
President and CEO Grant Robertson stated that the company has retained the services of Graham & James to begin the appeal process. "We believe, with respect, that Judge Jones too narrowly interpreted the meaning of the claims in our patent," he said.
"Even in this scenario, within the narrow interpretation given by Judge Jones, there are a great number of companies that could clearly be regarded as infringers and available to E-data for settlement of past damages and future licensing revenue," Robertson noted. "However, we will ask her to reconsider her ruling or set an evidentiary Markman hearing so that experts in this complex evolving area of electronic commerce can testify to the true scope and meaning of the E-data claims," Robertson continued.
U.S. Patent No. 4,528,643, owned by E-data, generally relates to point of sale transactions at a remote location such as the purchase of software, data, fonts, music, video and the like and certain CD-ROM transactions. The inventor, Charles C. Freeny, Jr. Ph.D., created the concepts and design in the early 1980's and anticipated the evolution of modern commerce through computers.
"Graham & James will also assist E-data in pursuing a number of major licenses in Europe, where we hold 9 Freeny-related patents," Robertson stated. E-data is presently seeking to acquire new patents both in the U.S. and Europe, he added.
"I am impressed by the depth of knowledge and breadth of experience that Graham & James bring to our team and am therefore confident that we will be able to achieve successful results in both our current litigation and future licensing negotiations," Robertson said.
David Fink, Esq., who originally represented E-data in its New York and Connecticut suits, will continue to advise the company.
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Company Contact: Grant Robertson, President & CEO (203) 869-1597 |
