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Modavox Pleased With New York District Court Markman Hearing Ruling

Posted on: Friday, 27 March 2009, 08:57 CDT

Company Believes Claims Construction Supports Forthcoming Infringement Analysis

NEW YORK and PHOENIX, March 27 /PRNewswire-FirstCall/ -- 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.

Nathaniel Bradley, Chief Technology & Product Officer, stated "The favorable ruling on definitions of key terms by the Court has been well received here at Modavox. Our team believes our tireless effort in this matter, on behalf of the Company and its shareholders, has been fully and favorably substantiated resulting in definitions which will support our forthcoming infringement analysis. We are especially pleased that the Court has confirmed that our experts and key additional evidence may be introduced."

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.

About Shaub & Williams, LLP

Shaub & Williams LLP is a business and intellectual property law firm, specializing in international transactions, located in Los Angeles, California, with affiliated counsel in Chicago and Denver.

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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