SOURCE: Augme Technologies, Inc.

Augme Technologies, Inc.

July 14, 2010 10:06 ET

Augme Technologies, Inc. Engages Top Intellectual Property Advisor

Don Stout of Antonelli, Terry, Stout & Kraus, LLP Brings Patent Litigation Expertise to Company's Efforts to Maximize Value of Intellectual Property Portfolio

NEW YORK, NY--(Marketwire - July 14, 2010) -  Augme Technologies, Inc. (OTCBB: AUGT), a leading developer and provider of patented and innovative smart mobile technology, today announced that it has engaged the law firm of Antonelli, Terry, Stout & Kraus, LLP of Arlington, Virginia as a special advisor to enforce its intellectual property ("IP") rights. The Company also announced that it was recently informed by legal counsel that the U.S. Patent and Trademark Office ("PTO") has issued two Notices of Allowance regarding pending patents involving expanded claims of its U.S. Patent Nos. 6,594,691 ("Method and System for Adding Function to a Web Page") and 7,269,636 ("Method and Code Module for Adding Function to a Web Page"). A Notice of Allowance is issued by the PTO if one or more of the claims of the application are allowed.

"After spending over $10 million to develop and protect our leading core and differentiating advanced technology in the mobile and Internet advertising and marketing space, I am pleased to announce that Don Stout of Antonelli, Terry, Stout & Kraus, LLP will provide a broad scope of advice supporting Augme in the protection and enforcement of its IP rights and assets," stated Paul Arena, Chief Executive Officer of Augme Technologies, Inc. "The recent issuance of two Notices of Allowance by the PTO involving our Ad Life™ technology bolsters our ability to protect and enforce the Company's intellectual property rights, which we believe have been violated by a number of companies in the mobile and Internet advertising and marketing industries. We believe these actions have negatively impacted our sales and have created confusion among customers and potential customers. In addition, such infringement actions have deprived Augme of significant licensing revenue from the unauthorized use of its patented technology. Don Stout has won a number of patent cases and is notable as the founder of NTP Holdings, which won a $612 million case against Research In Motion, Ltd. ("RIM Blackberry") a few years ago. Don will be actively engaged in evaluating opportunities to maximize the value of our intellectual property assets."

The Augme Technologies patent portfolio covers a breakthrough two-code module system that enables the following functions, among others, within web pages delivered to Internet-connected devices:

  • Mobile device and browser detection
  • Mobile device specific content rendering
  • Customized content delivery
  • Geographic targeted content delivery
  • Behavioral targeted content delivery
  • Customized advertising delivery
  • Targeted video delivery
  • Consumer centric e-commerce environments

Augme has already brought actions against two primary competitors in the behavioral-targeted advertising space: Tacoda (purchased by AOL in 2007) and Yahoo!, which purchased Blue Lithium in 2007. Following a wave of acquisitions in the Internet and mobile advertising space over the past three years totaling nearly $15 billion, Augme is now one of the few independent companies remaining in this business. The Company intends to vigorously defend its intellectual property rights in both the Internet and mobile advertising arenas. 

Intellectual Property Portfolio

Augme's solutions are supported by its intellectual property portfolio. The Company has been issued two patents and has been notified that two additional patents will be allowed pending formal issuance by the United States Patent & Trademark Office ("USPTO"). Additional patent applications are pending or in process for filing. The patents contain a broad range of claims covering the Company's proprietary technologies and products. Augme also owns four trademarks protecting the names of its products and identity in the marketplace.

Litigation Update

Tacoda, Inc., AOL, LLC, Time Warner, Inc., and Platform-A, Inc.

In 2007, Augme filed a lawsuit against Tacoda, Inc. in the U.S. District Court, Southern District of New York, alleging infringement of Augme-owned U.S. Patent Nos. 6,594,691 ("Method and System for Adding Function to a Web Page") and 7,269,636 ("Method and Code Module for Adding Function to a Web Page").

On September 10, 2008, the Company filed a complaint against AOL, LLC in the U.S. District Court, Central District of California, for infringement of its trademark BOOMBOX RADIO. On January 21, 2009, a First Amended Complaint was filed against AOL, LLC, Time Warner, Inc. and Platform-A, Inc., for trademark infringement relating to the word-mark BOOMBOX RADIO and infringement of U.S. Patent Nos. 6,594,691 and 7,269,636. Per court order dated April 14, 2009, the case was transferred to the U.S. District Court, Southern District of New York, where Augme's complaint against Tacoda, Inc. for infringement of U.S. Patent Nos. 6,594,691 and 7,269,636 is pending.

In Augme's case against AOL, Platform-A and Time Warner, the parties have agreed to stay the patent claims until the Tacoda action is concluded, but to proceed on the trademark claims. An agreement has been reached to explore settlement and to proceed to mediation before a retired federal judge with respect to the trademark claims.

Yahoo! Inc.

On November 16, 2009, Augme filed a Complaint against Yahoo! Inc. for patent infringement relating to U.S. Patent Nos. 6,594,691 and 7,269,636, which patents relate to methods and systems for delivery of selected content from a network to a web page visitor. The matter is currently pending in the United States District Court for the Northern District of California, Case No. C-09-5386 EDL. The remedies available to Augme, if successful, include an injunction prohibiting any infringing actions, an award of damages adequate to compensate for the infringement, and costs of the action. The case is scheduled for a settlement conference on July 28, 2010.

About Augme Technologies, Inc.

Augme Technologies, Inc. (OTCBB: AUGT) is the technology and services leader in interactive media marketing platforms that enable marketers and agencies to seamlessly integrate brands, promotions, video and other digital content through the power of the Internet and mobile communications. Augme's intuitive new media marketing platforms provide companies the control they need to quickly create, deploy and measure media-rich, interactive marketing campaigns across all networks and devices. Campaigns built on Augme marketing platforms condense the customer loyalty cycle by delivering personalized brand experience to customers where they work, play and live. Through its three operating divisions, including mobile marketing (AD LIFE™), video content delivery (AD BOOM™) and ad network provisioning (AD SERVE™), Augme is connecting brands and content to consumers in a network of mobile and multimedia experiences that enable companies and their marketing agencies to create new markets and monetize brand interactions. Augme is headquartered in New York City. For more information, visit the Company's website at www.augme.com.

Augme Technologies, Inc.™, Augme™, AD LIFE™, AD BOOM™, AD SERVE™ and the Augme logo are trademarks of Augme Technologies, Inc. All rights reserved. 2009-10.

Forward-Looking Statements

This release includes forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements regarding our expected future financial position, results of operations, cash flows, financing plans, business strategy, products and services, competitive positions, growth opportunities, plans and objectives of management for future operations, as well as statements that include words such as "anticipate," "if," "believe," "plan," "estimate," "expect," "intend," "may," "could," "should," "will," and other similar expressions are forward-looking statements. All forward-looking statements involve risks, uncertainties and contingencies, many of which are beyond our control, which may cause actual results, performance, or achievements to differ materially from anticipated results, performance, or achievements. Factors that may cause actual results to differ materially from those in the forward-looking statements include those set forth in our Form 10-K and other reports filed with the SEC. We are under no obligation to (and expressly disclaim any such obligation to) update or alter our forward-looking statements, whether as a result of new information, future events or otherwise.

Contact Information