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QualMark Corporation Prevails In Copyright Infringement Litigation.


DENVER -- QualMark Corporation (OTCBB OTCBB

See OTC Bulletin Board (OTCBB).
: QMRK) today announced that on Friday, June 18, 2004, a Judge sitting in the United States District Court for the District of Colorado The United States District Court for the District of Colorado is the Federal district court whose jurisdiction is the state of Colorado.

The United States Attorney's Office for the District of Colorado
 issued an Order granting QualMark's November 3, 2003, Motion for Summary Judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers .

The Judge's Order states that the summary judgment was granted based on Dr. Hobbs inability to prove ownership of the copyrights, and his argument was "insufficient to defeat summary judgment with respect to ownership of the seminar materials."(1) The Judge's Order also states that Hobbs and HEC HEC Hautes Études Commerciales
HEC Hautes Etudes Commerciales (French)
HEC Higher Education Commission (Pakistan)
HEC Hydrologic Engineering Center (Davis, CA) 
 (Hobbs Engineering Corporation) unambiguously conveyed to QualMark all intellectual property rights, including pre-September 1995 copyrights with respect to the seminar materials plaintiff Hobbs has put at issue in this case."(1) The Court finally ordered, adjudged, and decreed that "...defendant QualMark Corporation shall recover its attorneys' fees and costs."(1)

Based on the Judge's June 18, 2004, Order, the Company will submit an application for attorneys' fees and costs incurred since the commencement of this case and will seek to collect (from Hobbs) the entire amount to be awarded by the Judge. The Company also intends to vigorously pursue all available legal remedies, including injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. , as appropriate, to prevent Hobbs and Hobbs Engineering (and those persons working for Hobbs Engineering) from conducting seminars using copyrighted material owned by QualMark.

The Court's Order granting summary judgment brings to a conclusion a year and a half long copyright infringement Noun 1. copyright infringement - a violation of the rights secured by a copyright
infringement of copyright

plagiarisation, plagiarization, piracy, plagiarism - the act of plagiarizing; taking someone's words or ideas as if they were your own
 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.
 commenced by Dr. Gregg K. Hobbs, a former director and officer of the Company. On March 10, 2003, the Company and other parties were served with a complaint filed in U.S. District Court in Denver, Colorado, by Dr. Hobbs alleging infringement of copyrights purportedly owned by Dr. Hobbs, in violation of the Copyright Act, 17 U.S.C. Sec. 101, as well as violation of Section 43(a) of the Lanham Act The Lanham Act of 1946, also known as the Trademark Act (15 U.S.C.A. § 1051 et seq., ch. 540, 60 Stat. 427 [1988 & Supp. V 1993]), is a federal statute that regulates the use of Trademarks in commercial activity. , 15 U.S.C. Sec. 1125(a) and common law unfair competition. The Company filed an answer on March 31, 2003, which denied all allegations of the complaint and on June 23, 2003, the Company asserted a counter-claim against Dr. Hobbs seeking damages for copyright infringement, alleging that Dr. Hobbs had sold all of his HALT- and HASS-related intellectual property to the Company in 1994 for valuable consideration. On November 3, 2003, the Company filed a motion for partial summary judgment, and on May 21, 2004, the Company filed a motion for leave to supplement the motion based on newly obtained documents. These motions were granted by the Judge on Friday, June 18, 2004. The Judge also dismissed, without prejudice Without any loss or waiver of rights or privileges.

When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice
, QualMark's counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant.

A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action.
 against Dr. Hobbs, so that QualMark may re-file this counterclaim in a new action. Finally, the Judge granted QualMark's motion for attorney's fees and costs, finding that "the flimsy legal justifications for (Hobbs') positions justify an award of attorneys' fees and costs."(1)

QualMark Corporation, headquartered in Denver, Colorado, is the leader in designing, marketing, and manufacturing accelerated life-testing systems, which provides the world's largest corporations with products that improve product reliability and allow a faster time to market. The Company has installed more than 500 of its proprietary testing systems in 18 countries and operates four of its own testing and consulting facilities in Denver, Colo.; Santa Clara Santa Clara, city, Cuba
Santa Clara (sän`tä klä`rä), city (1994 est. pop. 217,000), capital of Villa Clara prov., central Cuba.
, Calif.; Hopkinton, Mass.; and Huntington Beach, Calif. The Company also has established strategic alliances with large testing facilities throughout Europe and Asia-Pacific. The Company offers engineering services and products that complement the core technologies of QualMark and other test equipment providers.

(1) June 18, 2004, Order Granting Defendant QualMark Corporation's Motion for Partial Summary Judgment and Order Granting Defendant QualMark Corporation Motion for Leave to Supplement Motion for Partial Summary Judgment (Civil Action No. 03-WY-0196-AJ (MJW MJW Mary Jane Watson (character) ))

The statements included in this press release concerning the potential impact of the Hobb's litigation the Company's financial condition and management's view of the litigation constitute forward-looking statements made pursuant to the safe harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 provisions of Section 21E of the Securities Exchange Act of 1934, as amended, and Section 27A of the Securities Act of 1933, as amended. These statements involve risks and uncertainties that could cause actual results to differ materially from the forward-looking statements. Factors that could cause or contribute to such differences include, but are not limited to, factors detailed in the Company's Securities and Exchange Commission filings, the judge's decision on awarding attorneys' fees and costs, the impact of the motion ruling on the Company's other pending litigation with Dr. Hobbs, the Company's future cash flows, timing of any payment required to be made to Dr. Hobbs and other factors.
COPYRIGHT 2004 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Jun 23, 2004
Words:760
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