Published:
U.S. District Court Grants Request by TeleCommunication Systems in Short Code Patent Litigation

TeleCommunication Systems, Inc. (TCS)
(NASDAQ: TSYS), a leading provider of wireless communications technology
today announced that the United States District Court for the Northern
District of California issued an Order on June 23, 2009 in Newegg, Inc. v.
TeleCommunication Systems, Inc. (Case No. C 09-0982 JL). The litigation
involves TCS's United States Patent Numbers 6,891,811 ("Short Messaging
Service Center Mobile-Originated to HTTP Internet Communications") and
7,355,990 ("Mobile-Originated to HTTP Internet Communications"). In the
Order, the Court granted TCS's motion to transfer the case to the District
of Maryland.
Instead of responding directly to TCS's licensing offers, Newegg filed the
litigation on March 6, 2009 seeking a declaratory judgment of
noninfringement and invalidity of the Mobile-Originated (MO) to HTTP
patents. TCS counterclaimed for infringement, seeking damages and an
injunction. At the same time, TCS filed a motion seeking transfer to the
District of Maryland for the convenience of the witnesses and the parties,
and in the interest of justice. On June 23, 2009, the court granted TCS's
motion, sending the case to Maryland. After noting that the "case involves
technological issues involving what are known as 'short codes,'" the court
rejected Newegg's attempts to create litigation in a forum (San Francisco,
California) having no pertinent TCS or third party witnesses, and involving
no operative facts.
The MO to HTTP patents enable a wireless user to send a short message to an
external application using Internet Protocols (IP) such as HTTP and to
receive a return message back. A current application of this technology is
in the use of Common Short Codes (CSCs) in text-message based mobile
marketing, advertising, entertainment, and commerce.
"We are gratified the Court respected our motion to place the venue close
to the parties who will need to interact with the courts to resolve this
case," said Drew Morin, Chief Technology Officer of TCS. "We are dedicated
to finding ways to encourage companies to take advantage of our patented
technologies, but we will protect our proprietary rights in appropriate
venues and in appropriate cases."
TCS is represented in the litigation by Flachsbart & Greenspoon, LLC and
Dergosits and Noah, LLP.
About TeleCommunication Systems, Inc.
TeleCommunication Systems, Inc. (TCS) (NASDAQ: TSYS) engineers and delivers
highly reliable wireless communications technology. TCS is a leader in
wireless text messaging and location-based technology, including E9-1-1
services and commercial applications like navigation that use the precise
location of a wireless device, and secure satellite-based communications
systems and services. Customers include leading wireless and VoIP carriers
around the world, cable MSOs, automotive telematics vendors, and agencies
of the U.S. Departments of Defense, State, and Homeland Security. TCS is
one of six primary vendors on a $5 billion Army Worldwide Satellite Systems
Contract vehicle. For more information, visit www.telecomsys.com.
Except for the historical information contained herein, this news release
contains forward-looking statements as defined within Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the Securities and
Exchange Act of 1934, as amended. These statements are subject to risks and
uncertainties and are based upon TCS's current expectations and assumptions
that if incorrect would cause actual results to differ materially from
those anticipated. Risks include without limitation those detailed from
time to time in the Company's SEC reports, including the report on Form
10-K for the year ended December 31, 2008, and the quarter ended March 31,
2009.
Existing and prospective investors are cautioned not to place undue
reliance on these forward-looking statements, which speak only as of the
date hereof. The Company undertakes no obligation to update or revise the
information in this press release, whether as a result of new information,
future events or circumstances, or otherwise.
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Copyright © 2009, NewsBlaze,
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