Court Issues Claim Construction Order in GraphOn Corp. Litigation with AutoTrader.com.SANTA CRUZ, Calif. -- GraphOn Corporation (OTCBB OTCBB See OTC Bulletin Board (OTCBB). :GOJO), a leading worldwide developer of server-based application publishing and Web-enabling software solutions, announced today that 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. Judge T. John Ward of the United States District Court for the Eastern District of Texas The United States District Court for the Eastern District of Texas is the Federal district court with jurisdiction over the eastern part of Texas and is a part of the Fifth Circuit. The court's headquarters are in Tyler, Texas and has five subdivision offices. , Marshall Division has issued a claim construction order in the 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. brought by GraphOn against AutoTrader.com. On November 23, 2005, GraphOn filed a complaint against AutoTrader.com in United States District Court in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,324,538 (the '538 patent) and 6,850,940 (the '940 patent) which protect GraphOn's unique method of maintaining an automated and network-accessible database. The suit alleges that the AutoTrader.com Web site infringes the GraphOn patents. The suit seeks preliminary and permanent injunctive relief along with unspecified damages and fees. In patent litigation, a pre-trial claim construction hearing, typically referred to as a Markman hearing, is held during which the Court hears evidence regarding the meaning of disputed terms and phrases in the patent claims. The Court then issues a claim construction order that adopts a meaning for each of those terms and phrases. The interpretation of disputed claim terms and phrases is exclusively for judges, not for juries, and only the meanings adopted by the Court may be referred to in the presence of a jury. "We are pleased with the outcome of the Markman hearing," said Tim Brisson, GraphOn's general patent counsel. "We believe that we have a strong case for infringement based on the claim constructions provided by the Court, and we expect that the outcome of the trial will validate the value we place upon the patents that are the subject of our lawsuit with AutoTrader." In February 2005, GraphOn obtained the subject patents as part of its acquisition of Network Engineering Software, Inc. (NES NES Nintendo Entertainment System NES Not Elsewhere Specified (shipping) NES Nuclear Export Signal NES National Election Studies NES Nashville Electric Service NES National Evaluation Systems, Inc. ). In addition to the subject patents, GraphOn acquired intellectual property, other patents, and patent applications resulting from more than ten years of development effort by NES. About GraphOn Corporation For over a decade, GraphOn has been an innovator of cost-effective, advanced solutions that help customers access applications from anywhere. GraphOn's high-performance software provides fast remote access, cross-platform connectivity, and a centralized architecture that delivers a dramatically lower cost of ownership. The company's solutions run under Microsoft (MSFT MSFT Microsoft (stock symbol) MSFT Movimento Sociale Fiamma Tricolore (Italy) MSFT Multi-Stage Fitness Test MSFT Master of Science in Family Therapy MSFT Macalester Students for Fair Trade ) Windows, Linux, and UNIX UNIX Operating system for digital computers, developed by Ken Thompson of Bell Laboratories in 1969. It was initially designed for a single user (the name was a pun on the earlier operating system Multics). , including Sun (SUNW SUNW Sun Microsystems, Inc (former stock symbol; now JAVA) SUNW Stanford University Network Workstation (Sun Microsystems, Inc) ) Solaris, IBM AIX, Hewlett-Packard (HPQ) HP-UX HP's version of Unix that runs on its 9000 family. It is based on SVID and incorporates features from BSD Unix along with several HP innovations. (operating system) HP-UX - The version of Unix running on Hewlett-Packard workstations. , and more. For more information, call 1.800.GRAPHON or visit www.graphon.com. This press release contains statements that are forward-looking as that term is defined by the United States Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. These statements are based on current expectations that are subject to risks and uncertainties. Actual results may differ, due to factors such as shifts in customer demand, product shipment schedules, product mix, competitive products and pricing, technological shifts and other variables. Readers are referred to GraphOn's most recent periodic and other reports filed with the Securities and Exchange Commission. GraphOn and GO-Global are registered trademarks of GraphOn Corp. All other trademarks belong to their owners. |
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