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Second Patent Affirms Modavox’s Leading-Edge Role in Web Processes Such as User-Based Customization of Online Content

Wednesday, September 12, 2007

Patent No. 7,269,636 Ratifies Scope of Claims and Further Defines Modavox Breakthrough Inventions

Phoenix, AZ -- Modavox, Inc. (OTCBB: MDVX), an Internet broadcasting pioneer in the production and distribution of online audio and video, announced that the U.S. Patent Office today issued U.S. Patent No. 7,269,636. The patent refines the legal definition of Modavox inventions with claims that accurately reflect how the concepts taught by the foundational U.S. Patent No. 6,594,691 "Method and System for Adding Function to a Web Page" are implemented in state-of-the-art delivery infrastructure and delivery practices seen in the marketplace today.

The new patent leads to a modified complaint filed today asserting the new patent in the infringement case against Tacoda, Inc., pending in the Southern District of New York (Case No. 07-CV-7088).

Modavox CEO, David J. Ide stated, "We’ve achieved another key identified milestone in the establishment of validity in our patents and the importance of our proprietary technology in our industry. We are pleased with the issuance by the U.S.P.T.O. today of our new patent. Our work for our customers continues to fuel new innovations as we strive as an organization to exceed expectations. Each day, we press forward to capitalize on the opportunities that our technology and position in the market have created and our new patent is just one manifestation of that sizable effort."

"The new patent provides a clearer picture of how state-of-the-art implementations are executed such as the behavioral marketing implementation of Tacoda," said Nathaniel Bradley, Chief Technology & Product officer for Modavox. "Products built upon this patented infrastructure are under constant development and deployment here, and are continually enriched with new innovations. For this reason, we are confident that this, given the required time, will yield even more patents and intellectual property for Modavox. It is important to note the significance of this latest issuance as it is the cornerstone of our patent enforcement strategy and the reason we’ve begun to take our first actions."

Andy Burgess, Modavox Intellectual Property Consultant, stated, "The 7,269,636 patent delineates an unambiguous threshold for web technologies that allows Modavox to pursue current and future infringement studies unhindered. In addition to Tacoda, we believe additional operations in the behavioral marketing space are infringing and action is being taken through comprehensive infringement analysis and third party verification practices that will provide conclusive actionable data for us moving forward. The 7,269,636 patent also gives an unbiased view as to the ownership of the online vertical market currently occupied by Modavox."

Dr. Daniel F. Coughlin of Fox Rothschild LLP, who is acting as Modavox’s lead counsel in the company’s intellectual property enforcement and licensing program, stated, "We are all justifiably encouraged by the validation of Modavox’s core technology that this patent represents. It is clear that the U.S. Patent Office has recognized the unique importance of Modavox’s technology not only in the time frame of its original development, but also in the context of the emerging markets that these patents enable. Modavox’s expanding intellectual property places us in an ideal position to seek and gain the industry recognition that the company deserves. More specifically, we are today filing an Amended Complaint asserting the ‘636 patent in our case recently filed against Tacoda, Inc., pending in the Southern District of New York (Case No. 07-CV-7088). As Tacoda and the rest of the industry will realize, it will not be possible to ignore Modavox’s position astride this technology."

About Modavox

Modavox, Inc. (, a pioneer in internet broadcasting, producing and syndicating online audio and video, offers innovative, effective and comprehensive online tools for reaching targeted niche communities worldwide. Through patented Modavox technology, Modavox delivers content straight to desktops and internet-enabled devices. Modavox provides managed access for live and on-demand Internet Radio Broadcasting, E-learning and Rich Media Advertising.

About Fox Rothschild LLP

Fox Rothschild LLP is a full-service law firm built to serve business leaders. Over the past 100 years, we have grown to 400 lawyers in 14 offices coast to coast. Our clients come to us because we understand their issues, their priorities, and the way they think. We help clients manage risk and make better decisions by offering practical, innovative advice. Effective pursuit and protection of intellectual property requires more than brilliant and thorough legal treatment. Mastery of scientific and technical disciplines is crucial to position a company for success. The firm’s lawyers bring diverse perspectives, industry knowledge, and the technical capabilities needed to maximize IP value--for small, mid-sized, or Fortune 100 companies. For more information about Fox Rothschild LLP, please visit

Forward-Looking Statements

This release contains "forward-looking statements" for purposes of the Securities and Exchange Commission’s "safe harbor" provisions under the Private Securities Litigation Reform Act of 1995 and Rule 3b-6 under the Securities Exchange Act of 1934. These forward-looking statements are subject to various risks and uncertainties that could cause Modavox's actual results to differ materially from those currently anticipated, including the risk factors identified in Modavox's filings with the Securities and Exchange Commission.

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