ALAMEDA, Calif., Sept. 11 /PRNewswire/ --
Geoworks Corporation (Nasdaq: GWRX), a leading innovator in mobile data
communications services and technologies, on Friday, September 8, 2000, filed
a complaint against Phone.com, Inc., Sanyo Electric Co., Ltd. of Japan, and
Sanyo North America Corporation in the United States International Trade
Commission (ITC) in Washington D.C. The complaint seeks an order to block
importation into the United States of Wireless Application Protocol (WAP)
cellular telephones containing Phone.com's microbrowser.
WAP cellular telephones provide wireless access to Internet content by
using a flexible user interface (Flex UI) that is covered by Geoworks' U.S.
Patent No. 5,327,529 (the '529 patent). Geoworks' Flex UI(TM) technology was
examined by the U.S. Patent and Trademark Office and awarded the '529 patent
in 1994. Geoworks' complaint requests that the ITC determine that Sanyo is
unlawfully importing WAP cellular telephones containing Phone.com microbrowser
software which is alleged to infringe the Geoworks patent and to exclude from
importation into the U.S. WAP cellular telephones and other wireless
communications devices that infringe the '529 patent.
Geoworks' Flex UI is used under license in a variety of applications in
the personal computer (PC), personal digital assistant (PDA), and now in the
WAP cellular telephone markets. The Flex UI technology is available in
cellular telephones under an industry-wide licensing program made available
under the WAP Forum's Intellectual Property Rights (IPR) guidelines.
"Geoworks has always believed that licensing, not litigation, is the best
route to obtain compensation for the widespread use of Geoworks' patented Flex
UI technology," said Dave Grannan, president and CEO of Geoworks. "But when
Phone.com attacked our '529 patent covering the Flex UI by filing suit in the
California courts, we took the necessary steps to ensure our patent rights are
asserted as quickly and certainly as possible. The ITC's patent expertise and
streamlined procedures provide the best way to resolve Phone.com's disruption
of the rapid roll-out of WAP services in the United States. Additionally, we
have selected the well-respected legal firm of Finnegan, Henderson, Farabow,
Garrett and Dunner. L.L.P. to represent Geoworks in this matter."
The ITC is a federal agency that conducts investigations into unfair trade
practices involving the importation of products that allegedly infringe U.S.
intellectual property rights. The ITC has three full-time Administrative Law
Judges who are dedicated to handling expedited investigations involving patent
infringement and other forms of unfair import practices. ITC Judges routinely
handle patent infringement cases involving complex technology in the computer
and telecommunications fields. The agency has nationwide jurisdiction and can
issue exclusion orders that prevent the importation into the United States of
cellular telephones and other devices that infringe Geoworks' '529 patent.
Geoworks expects that a trial on its complaint against Sanyo and Phone.com
will occur six months after institution of the investigation and a final
decision and issuance of remedial orders by the ITC will likely occur within a
total of 12 months.
In April 2000, Phone.com sought declaratory relief against Geoworks in the
federal district court in San Francisco seeking to invalidate the '529 patent.
In June, Geoworks answered Phone.com's complaint and filed counterclaims
asserting that Phone.com's UP.Browser and associated products infringe the
'529 patent. It is expected that the ITC investigation will be resolved more
quickly than the federal district court action.
Geoworks' Flex UI technology and licensing program are more fully
described at the Geoworks web site, http://www.geoworks.com.
About Geoworks
Geoworks Corporation is a leading innovator in wireless data
communications services and technologies for the business-to-business and
business-to-consumer markets. Geoworks' Mobile ASP(TM) solution utilizes a
flexible combination of its proprietary Premion(R) Server+ technology and its
mobile media expertise to enable businesses to reach their mobile customers
with relevant and timely information. Geoworks AirBoss client/server mobile
data solutions provide carrier-grade customizable systems ranging from field
service applications to telematics solutions. Based in Alameda, California,
the company has offices in New Jersey, Japan and the United Kingdom, and can
be found on the World Wide Web at http://www.geoworks.com .
In keeping with U.S. law, Geoworks notes that this press release includes
forward-looking statements, pertaining to the emergence of, and Geoworks'
participation in, the mobile data and technology licensing and services
markets, as well as Flex UI patent litigation. Actual results may vary
significantly due to various risks and uncertainties. Those include, but are
not limited to, the following: (i) the mobile data and technology services
market may not emerge to the degree or timing anticipated; and (ii) new
technologies and new services are inherently subject to development, timing,
and consumer-acceptance risks. Moreover, the outcome and cost of litigation is
difficult to assess. Additional information is available in the Risk Factors
and Business discussions in the Company's Forms 10-K, 10-Q, and other filings
available from the Company or from the Securities and Exchange Commission.
SOURCE Geoworks Corporation
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Related links:
http://www.geoworks.com
CONTACT:
Michele Locurcio of Red Whistle
Communications, 415-616-6126, or mlocurcio@redwhistle.com, for
Geoworks Corporation; or Bob Bogard of Geoworks Corporation,
510-814-5811, or bbogard@geoworks.com
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