DealerTrack to Appeal District Court Ruling in Patent Infringement Lawsuit.LAKE SUCCESS, N.Y. -- DealerTrack Holdings, Inc. (Nasdaq: TRAK TRAK Track TRAK Technology to Recover Abducted Kids (system to help law enforcement agencies) ), a leading provider of on-demand software and data solutions for the U.S. automotive retail industry, today announced an update regarding its 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. 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. against RouteOne LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control and Finance Express LLC. On July 8, 2009, Judge Gilford of 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. held that DealerTrack's patent 7,181,427 (the "427 Patent") was invalid for failure to comply with a standard required by the recently decided case in the Court of Appeals of the Federal Circuit of In re Bilski. Accordingly, DealerTrack's case in the District Court against RouteOne and Finance Express will be dismissed and DealerTrack intends to file a notice of appeal. The United States Supreme Court United States Supreme Court: see Supreme Court, United States. recently granted certiorari certiorari In law, a writ issued by a superior court for the reexamination of an action of a lower court. The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs for In re Bilski, meaning that the Supreme Court will decide in its upcoming term, which begins in the fall, whether or not to uphold the Bilski standard. DealerTrack also has pending patent applications in the United States Patent and Trademark Office The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent protection to inventors and businesses for their inventions, and trademark registration for product and intellectual property that would not be impacted by the Bilski decision. "It is important to note that not one claim of any DealerTrack patent has been held invalid based on prior art, so if we are able to have the District Court's opinion reversed on appeal or obtain new claims in the Patent Office, DealerTrack will still have patents protecting its core business," said Mark O'Neil, chairman and chief executive officer of DealerTrack. "We remain firmly committed to protecting our intellectual property rights and pursuing all possible avenues of appeal." DealerTrack expects that the legal costs of the appeal will not have a material impact on the company's 2009 financial results. About DealerTrack (www.dealertrack.com) DealerTrack's high-value software solutions for the automotive retail industry enhance efficiency and profitability across every department in a dealership. DealerTrack's Dealer Management System (DMS (1) (Document Management System) See document management. (2) (Defense Messaging System) An X.500-compliant messaging system developed by the U.S. Dept. of Defense. ) delivers flexible and cost-efficient functionality to manage dealership data and operations. Its Inventory Management, Sales and F&I, and Compliance solutions help optimize dealership inventory, increase sales and protect against legal risks. DealerTrack operates a leading online automotive credit application network, which includes approximately 19,000 dealers and over 750 financing sources. For more information, visit www.dealertrack.com. Safe Harbor for Forward-Looking and Cautionary Statements Statements in this press release regarding DealerTrack's ability to prevail on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers , the chances of a successful appeal, the benefit of DealerTrack refilling its patents, and all other statements in this release other than the recitation of historical facts are forward-looking statements (as defined in the 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 involve a number of risks, uncertainties and other factors that could cause actual results, performance or achievements of DealerTrack Holdings, Inc. to be materially different from any future results, performance or achievements expressed or implied by these forward-looking statements. Factors that might cause such a difference include: success in expanding our customer base and product and service offerings; connecting additional financing sources to the DealerTrack network and other risks listed in our reports filed with the Securities and Exchange Commission (SEC), including our Annual Report on Form 10-K for the year ended December 31, 2008. These filings can be found on DealerTrack's website at www.dealertrack.com and the SEC's website at www.sec.gov. Forward-looking statements included herein speak only as of the date hereof and DealerTrack disclaims any obligation to revise or update such statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events or circumstances. TRAK-G |
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