SOURCE: Frame Media, Inc.

June 10, 2009 09:24 ET

Frame Media, Inc. Announces Favorable Decisions by the PTO and the District Court

WELLESLEY, MA--(Marketwire - June 10, 2009) - Frame Media, Inc. (www.framemedia.com) the leader in delivering content to the "fourth screen," has received favorable decisions from the U.S. Patent Office and Trademark Office ("PTO") and the U.S. District Court related to a patent infringement lawsuit filed in the Central District of California by Ceiva Logic, a digital photo frame maker. The suit alleges that Frame Media's FrameChannel service infringes on one of Ceiva's patents. The PTO has initially rejected most of the claims of that patent, and the District Court has denied Ceiva Logic's motion to preliminarily enjoin the FrameChannel service and has stayed the lawsuit pending the PTO's reexamination of the patent.

The PTO has agreed to an inter partes reexamination of all claims -- except for one dependent claim -- of the Ceiva Logic patent. At the same time, the PTO issued an initial office action rejecting all independent claims and most of the dependent claims as being obvious in view of various prior art documents.

Frame Media Founder and CEO Alan Phillips said, "Our position from the beginning hasn't changed. We believe that Ceiva Logic's patent is invalid. The decision by the U.S. Patent and Trademark Office to reexamine and reject the claims of this Ceiva patent are the early steps in the process. Although the process may be a long one, we are very confident in the outcome."

According to the PTO's statistics, 73% of the completed inter partes reexaminations resulted in all claims being cancelled or disclaimed, 20% resulted in claim amendments, and only 7% resulted in all claims being confirmed. The average time for resolution is 33 months.

Based on the PTO's actions, the judge in the patent infringement lawsuit denied Ceiva Logic's motion for a preliminary injunction against Frame Media. The judge found that there is "a substantial question concerning the validity" of the asserted patent claims, and that Ceiva Logic "has not demonstrated a likelihood of success on the merits" in the lawsuit.

The judge also stayed the lawsuit pending the inter partes reexamination. The judge found that Ceiva Logic has not shown a likelihood of success on its patent infringement assertions, that discovery in the lawsuit is not advanced, that a delay will not prejudice Ceiva Logic, and that the reexamination will likely simplify issues. As a result of the stay, the lawsuit will not advance until the PTO finishes its reexamination.

Frame Media is represented by Wolf, Greenfield & Sacks (www.wolfgreenfield.com), the largest law firm in New England devoted exclusively to intellectual property. Wolf Greenfield has a substantial and seasoned IP litigation practice that has delivered successful outcomes for clients in courts across the nation.

ABOUT FRAME MEDIA, INC.

Frame Media (www.framemedia.com) is a leader in delivering content to "the 4th screen," or the new category of connected devices that includes WiFi photo frames, connected TVs, media players, and more. Its free FrameChannel service (www.framechannel.com) can be customized and integrated with these devices, and is today available on a growing number of products by top brands such as Kodak, Samsung, and D-Link. FrameChannel users can easily select their favorite local, national, social networking, or photo sharing content from more than 1000 channels, and program their devices to feature that content. FrameChannel intelligently streams the most timely content from the selected channels, so users can always view the very latest information as they move through their homes or offices.