Patent Law

The following is excerpted from a March 27, 2009 Modavox press release at PR Newswire:

Modavox, Inc. (OTC Bulletin Board: MDVX), Internet broadcasting pioneer and holder of several patented technologies, today announced that a decision has been reached by Hon. Colleen McMahon in the Southern District Court of New York in its patent infringement lawsuit vs. Tacoda, Inc., filed on August 9, 2007 seeking injunctive relief and unspecified damages.

In patent litigation, Markman hearings are used for claim construction. Typically, the plaintiff and defendant set out a list of claim terms whose definitions are in dispute. To clarify the meaning of these terms (and subsequently the scope and validity of the patents), a judge weighs evidence and definitions as presented by the plaintiff and defendant and makes a ruling in the form of a Markman Order.

The five terms disputed within the claims construction and presented at the Markman Hearing have been ruled upon by the Court. Modavox is pleased with the Judge's analysis believing the results fully support the Company's infringement contentions while reinforcing its patent enforcement strategy. The judge has also provided additional time for the inclusion of expert testimony and introduction of extrinsic evidence regarding the term 'functionality'. Modavox is further pleased with this ruling in addition to the schedule put forth by the court. The Company is actively preparing its response in accordance with the Court's scheduling order and looks forward to having experts work with its counsel, Shaub & Williams LLP, to further support the remaining term definition.

See the full press release here.