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Court Grants Motion to Move Modavox Patent and Trademark Infringement Cases Brought Against Time Warner, AOL and Platform-A from California to New York

Posted on: Tuesday, 28 April 2009, 09:27 CDT

Move Enables Accelerated Discovery of AOL & Platform-A by Modavox and Will Bring BoomBox Trademark Dispute before New York District Court

NEW YORK and PHOENIX, April 28 /PRNewswire-FirstCall/ -- Modavox, Inc. (OTC Bulletin Board: MDVX), today announced that the US District Court of California ruled that both the patent infringement and BOOMBOX RADIO trademark infringement lawsuits originated by Modavox and filed against Time Warner, Platform-A, and AOL would be permitted to move to the US District Court of New York.

Modavox filed on January 21, 2009 against AOL LLC, Time Warner, Inc. and Platform-A, Inc. in the United States District Court for the Central District of California (Case No. CV08-05914 SJO PJWx), asserting they are infringing on its United States Patent Nos. 6,594,691, and 7,269,636. The complaint amended a claim against AOL for trademark infringement, Unfair Competition and False Designation of Origin in connection with AOL's use of THE BOOMBOX designation, which is alleged to be confusingly similar to Modavox's registered trademark BOOMBOX RADIO. Modavox is seeking injunctive relief and as yet unspecified damages stemming from the alleged infringing activities.

The court found that the new case filed in California is related to Modavox's August 09, 2007 patent infringement lawsuit filed against Tacoda, Inc., acquired by AOL September 6, 2007 providing technology that is now powering the behavioral targeting advertising capabilities of Platform-A, in the US District of New York seeking injunctive relief and unspecified damages. This case is moving along per the courts prescribed schedule that will call for concluding discovery and claims construction, depositions, and infringement analysis within the next phase of the case.

Platform-A's and AOL's alleged patent infringement and use of the Modavox brand name, BoomBox, at the website theboombox.com, will now be heard before the US District Court of New York. AOL launched its theboombox.com on May 20, 2008 as an urban (hip hop and R&B) music, news and information site.

Mark Severini, Modavox CEO stated, "We believe that change in venue and the resulting acceleration of discovery from AOL and Platform-A is a welcome development. Having these matters addressed in the US District Court of New York in close proximity to our New York office is ideal for Modavox."

Nathaniel T. Bradley, Modavox Chief Technology & Product Officer stated, "In light of the recent Markman Hearing rulings and our team's efforts in response to the requests of the US District Court of New York, I believe this move consolidates important issues. The resulting efficiency will allow us to also focus on other infringers that we believe have benefited from the ongoing unauthorized use of our patented inventions, and in some of the worst cases, our trademarked brands."

About Modavox

Modavox, Inc., the customized communications company, is a pioneer in Internet broadcasting, producing and syndicating online audio and video, offering 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. For more information, please visit www.modavox.com.

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. 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 most recent 10-K filing and subsequent 10-Q filings as well as other filings with the Securities and Exchange Commission.

SOURCE Modavox, Inc.

Source: PR Newswire

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