Apple's 'ColorSync for Windows' Will Not Be Released; IMATEC Believes Pending Patent Infringement Litigation May Be Reason.NEW YORK--(BUSINESS WIRE)--Oct. 4, 1999-- IMATEC, Ltd. (OTCBB OTCBB See OTC Bulletin Board (OTCBB). : IMEC) today speculated that Apple's (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on : AAPL AAPL Apple Computer, Inc. (stock symbol) AAPL American Association of Professional Landmen AAPL American Academy of Psychiatry and the Law AAPL Advance Audiovisual Presentation Limited AAPL Advocates for Arkansas Public Libraries ) decision not to release "ColorSync for Windows" may be due, in part, to the pending litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. between the two companies. IMATEC has filed a Patent Infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. Complaint against Apple for the basic technology of the "ColorSync" color management system Software that translates the colors of an original image into the truest representation obtainable on the output device. Color management works from a profile of the output device, typically a digital printer or offset press, and works backward to the source of the material such as a . IMATEC's patent infringement lawsuit against Apple Computer Corp. concluded its discovery phase nine months ago. Both parties are waiting for the court to set a trial date. "ColorSync" is the Apple computer software used for color management, to control the colors of images for printing, soft proofing and the Internet. Apple had promised to make "ColorSync" "cross-platform" and available to the Windows users. On September 28, 1999, Apple announced to a "ColorSync" users group that "ColorSync for Windows" will not be released. Commenting on the fact that "ColorSync for Windows", which Apple had promised to release more than a year ago, is now not going to be made available to the public, Dr. Hanoch Shalit, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of IMATEC said, "We believe that Apple, recognizing that they do indeed infringe on our patents, does not want to increase their potential exposure to damages by releasing "ColorSync" into the vast Windows market." David Zwang, principal of Zwang and Company, a firm specializing in strategic planning and process analysis in the fields of electronic publishing, design, pre-press and printing said, "Many publications have been expecting the release of "ColorSync for Windows" for months, and the industry is under the impression that "ColorSync for Windows" is operational by now. Additionally, the market is ready for an expansion of "ColorSync" into the Windows platform. Mr. Zwang continued, "ColorSync" gives the Macintosh platform an added value over the Windows platform. If Apple were to release the product into the Windows market, they would erode that advantage as well as face the potential for a larger damage assessment in the IMATEC infringement litigation." Karl Milde, a partner at Milde, Hoffberg & Macklin, LLP LLP - Lower Layer Protocol , an intellectual property law firm commented, "By expanding "ColorSync" into the huge Windows market, Apple would be exposing itself to more damages. Hence, they may have opted to delay the release of a product that is ready for the market until this issue with IMATEC is resolved." Dr. Shalit continued, "IMATEC technology is proprietary and is protected by U.S. patents. However, we have always been willing to make it available to all customers. IMATEC always has been and continues to be receptive to resolving this issue for the benefit of all customers. The faster this issue is resolved, the faster "ColorSync for Windows" can be released to the market." On February 13, 1998 IMATEC Ltd. filed a Patent Infringement Complaint against Apple Computer Corp. in the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. , Southern District, New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of . The suit alleges that Apple Computer Corp. has infringed on three United States Letters Patent An instrument issued by a government that conveys a right or title to a private individual or organization, including conveyances of land and inventions. Although Article I, Section 8, Clause 8, of the U.S. , issued to Hanoch Shalit, Ph.D., involving Apple's "ColorSync" color management system. The patents cited in the suit are exclusively licensed by Dr. Shalit to IMATEC Ltd. and are: US Letters Patent No. 4,939,581 entitled, "Method and System in Video Image Hard Copy Reproduction", No. 5,115,229 entitled "Method and System in Video Image Reproduction" and No. 5,345,315 entitled "Method and System for Improved Tone and Color Reproduction of Electronic Images on Hard Copy Using a Closed Loop Control". IMATEC is seeking a permanent injunction forbidding Apple from infringing, inducing others to infringe or contributing to the infringement of IMATEC's patents. A trial by jury has been demanded on all issues. The IMATEC complaint claims Apple's acts of infringement are being committed willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) . If Apple is found guilty of willful infringement the damage award may be tripled according to Patent Law 35 U.S.C. Section 284. IMATEC Ltd. was formed in 1988 to develop, design, market and license its proprietary technology, which enhances image reproduction by reducing distortion that normally occurs in the imaging process, for application in such markets as medical imaging, graphic arts, printing, computers, cinematography cinematography: see motion picture photography. cinematography Art and technology of motion-picture photography. It involves the composition of a scene, lighting of the set and actors, choice of cameras, camera angle, and integration of special , the Internet and television/video. To the extent that statements in this press release are not strictly historical, including statements as to future financial conditions, events conditioned on shareholder or other approval, otherwise as to future Events, such statements are forward-looking and are made pursuant to the safe harbor provisions the Securities Litigation Reform Act of 1995. The forward-looking statements contained in this release are subject to certain risks and uncertainties that could cause actual results to differ materially from the statement made. Among the factors which could affect the Company's actual results and could cause results to differ from those contained in the forward-looking statements contained herein are the risk that financial conditions may change, risks relating to the progress of the Company's research and development and the development of competing technologies by other companies. Those associated risks and others are further described in the Company's filing with the Securities and Exchange Commission. |
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