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Court Issues Claim Construction Order in GraphOn Corp. Litigation with AutoTrader.com
Wednesday, July 11, 2007
Santa Cruz, CA -- GraphOn Corporation (OTCBB: GOJO), a leading worldwide developer of server-based application publishing and Web-enabling software solutions, announced today that United States District Court Judge T. John Ward of the United States District Court for the Eastern District of Texas, Marshall Division has issued a claim construction order in the litigation brought by GraphOn against AutoTrader.com.
On November 23, 2005, GraphOn filed a complaint against AutoTrader.com in United States District Court in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,324,538 (the ‘538 patent) and 6,850,940 (the ‘940 patent) which protect GraphOn’s unique method of maintaining an automated and network-accessible database. The suit alleges that the AutoTrader.com Web site infringes the GraphOn patents. The suit seeks preliminary and permanent injunctive relief along with unspecified damages and fees.
In patent litigation, a pre-trial claim construction hearing, typically referred to as a Markman hearing, is held during which the Court hears evidence regarding the meaning of disputed terms and phrases in the patent claims. The Court then issues a claim construction order that adopts a meaning for each of those terms and phrases. The interpretation of disputed claim terms and phrases is exclusively for judges, not for juries, and only the meanings adopted by the Court may be referred to in the presence of a jury.
"We are pleased with the outcome of the Markman hearing," said Tim Brisson, GraphOn’s general patent counsel. "We believe that we have a strong case for infringement based on the claim constructions provided by the Court, and we expect that the outcome of the trial will validate the value we place upon the patents that are the subject of our lawsuit with AutoTrader."
In February 2005, GraphOn obtained the subject patents as part of its acquisition of Network Engineering Software, Inc. (NES). In addition to the subject patents, GraphOn acquired intellectual property, other patents, and patent applications resulting from more than ten years of development effort by NES.
About GraphOn Corporation
For over a decade, GraphOn has been an innovator of cost-effective, advanced solutions that help customers access applications from anywhere. GraphOn’s high-performance software provides fast remote access, cross-platform connectivity, and a centralized architecture that delivers a dramatically lower cost of ownership. The company’s solutions run under Microsoft (MSFT) Windows, Linux, and UNIX, including Sun (SUNW) Solaris, IBM AIX, Hewlett-Packard (HPQ) HP-UX, and more. For more information, call 1.800.GRAPHON or visit www.graphon.com.
This press release contains statements that are forward-looking as that term is defined by the United States Private Securities Litigation Reform Act of 1995. These statements are based on current expectations that are subject to risks and uncertainties. Actual results may differ, due to factors such as shifts in customer demand, product shipment schedules, product mix, competitive products and pricing, technological shifts and other variables. Readers are referred to GraphOn’s most recent periodic and other reports filed with the Securities and Exchange Commission.
GraphOn and GO-Global are registered trademarks of GraphOn Corp. All other trademarks belong to their owners.
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