About Catchcurve
Catch Curve Files Patent Infringement Lawsuit
Against Esker, Inc. and Esker, S.A.
Atlanta, Ga.—April 5, 2006—Catch Curve, Inc., an intellectual property development and licensing firm, today announced that it has filed a patent infringement lawsuit against Esker, Inc. and Esker, S.A. Catch Curve is seeking monetary damages for past infringement and a preliminary and permanent injunction to prohibit Esker from continuing to infringe upon the AudioFAX patents.
The AudioFAX patents have been at the center of a successful licensing program. Since its inception, the AudioFAX Patent Licensing Program has licensed this technology to over 40 companies, including 3Com, AccessLine, AT&T, Cable & Wireless, Callware, Captaris, Castelle, Cisco Systems, FaxNet, FaxSav, Glenayre, Interactive Intelligence, Intervoice, j2 Global Communications, LogicaCMG, MCI Telecommunications, Mitel, NEC, Omtool, Open Port, Open Text, Premiere Technologies and Premiere Communications, Send2Fax, Siemens, SmarTalk, Sprint, SS8 Networks, UNIFI Communications, uReach, VoiceCom, WorldCom and Xpedite, among others.
The AudioFAX patents cover a broad range of inventions that incorporate fax store-and-forward technologies. These technologies are used in products and services such as fax-to-email, fax broadcasting, fax-on-demand and “real-time” fax over the Internet.
Catch Curve filed this lawsuit to protect its intellectual property rights in response to a lawsuit filed by Esker on March 28, 2005 in Madison, Wisc. Esker filed suit against Catch Curve even though Catch Curve believed it had reached an agreement in principle to the general terms and conditions of a fully paid-up patent license with Esker's management team, pending approval by Esker's Supervisory Board. However, the Supervisory Board apparently rejected the terms and conditions of the license and chose to file a lawsuit against Catch Curve instead of further negotiating a license to the AudioFAX patents in good faith.
Per Esker's annual report for fiscal year-end 2004, at least 36.5% of Esker's total sales relate to products and/or services at issue in this lawsuit. Additionally, 53.8% of Esker's total sales were in the United States and 46.5% of Esker's personnel reside in the United States. In this lawsuit, Catch Curve expects to prove that Esker has been and continues to infringe the AudioFAX patents. Catch Curves seeks damages and a permanent injunction to prohibit Esker from selling any infringing products in the United States in the future.
Again, per Esker's annual report for fiscal year-end 2004, “Esker finds the following competitors very significant” in the fax server market: Captaris, TopCall and Omtool. Captaris and Omtool have already negotiated and executed licenses to the AudioFAX patents. In addition, the AudioFAX Patent Licensing Program has licensed this technology to numerous companies offering fax servers, including Captaris, Castelle and Cisco Systems, among others.
Companies interested in a license to the AudioFAX patents may contact Michael McLaughlin or Ryan Strong of IPinvestments Group at 404-962-8740, or via email at mmclaughlin@ipinvestmentsgroup.com and rstrong@ipinvestmentsgroup.com.
About Catch Curve
Catch Curve, Inc. is an intellectual property development and licensing company focused on communications and messaging technologies based in Atlanta, Georgia.
Contact
Michael W. McLaughlin
IPinvestments Group
mmclaughlin@ipinvestmentsgroup.com
404-962-8740
AudioFAX is a trademark of Catch Curve, Inc.
