Court Rules to Impose Injunction on bcgi and other Defendants in Patent Litigation19 October 2005
Boston Communications Group, Inc. (Nasdaq: BCGI) reiterated today that it will file an appeal in its ongoing patent infringement litigation with Freedom Wireless, after a federal judge granted Freedom Wireless' request for injunctive relief. The U.S. District Court (the "Court") denied Freedom Wireless' motion to award attorneys fees and enhanced damages awarded by the jury, including treble damages. However, the Court granted Freedom Wireless' request to add prejudgment interest and other costs totaling $20.1 million, bringing the total joint and several liability to $148.1 million. "Our fight is far from over," said E.Y. Snowden, President and CEO of bcgi. "We will bring our appeal to the U.S. Court of Appeals for the Federal Circuit, which has nationwide jurisdiction over patent issues and is especially skilled at reviewing complex patent cases, where we hope to prevail." bcgi continues to assert that it does not infringe the Freedom Wireless patents, and believes the patents are invalid in light of prior art and other reasons. In addition, the Company believes that the size of the award bears no relationship to a reasonable royalty that bcgi or any company would have paid for a license of the patents.
Injunctive Relief The Court enjoined bcgi from offering three implementations of its U.S. service bureau, multi-frequency (MF), common channel signaling system seven (SS7), and pre-intelligent network (pre-IN), to any wireless carrier other than a licensee of Freedom Wireless, subject to a 90-day grace period. During the 90-day grace period, the defendants would be required to pay Freedom Wireless a license fee equivalent to 2.5 cents per minute of use. On average, bcgi currently charges its customers approximately 1 cent per minute of use, which includes a full suite of real-time billing, rating and support services using bcgi's state-of-the-art proprietary software and network. In order to mitigate the severe impact of this injunction that was granted by the Court, bcgi will file an emergency motion to request a stay of the injunction pending appeal with the U.S. District Court. If the stay is denied by the District Court, bcgi will immediately appeal that decision to the U.S. Court of Appeals for the Federal Circuit and seek a stay of the injunction while the appeal of the judgment is pending. The request for a stay of the injunction would ask that bcgi be allowed to continue to serve carriers during the appeals process. If left standing, and applied broadly to all of bcgi's customers, the injunction would prohibit bcgi from providing its prepaid services to carriers which service millions of individuals -- many of whom due to income or age would otherwise not have access to wireless service. The injunction as granted would cause irreparable harm to bcgi's business as it applies to approximately 400,000 Cingular Wireless prepaid subscribers currently served by bcgi's prepaid wireless platform, as well as approximately 2.7 million additional prepaid subscribers of other carriers serviced by bcgi, representing approximately 70% of bcgi's total revenue as of June 30, 2005.
Appeal Process and Appeal Bonds The defendants will appeal the Court's overall judgment in the lawsuit to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. The appeal process could last twelve to eighteen months, or longer. In order to stay execution of the judgment pending appeal, the defendants have posted appeal bonds totaling $141 million in security to cover the original judgment plus 10%. As of June 30, 2005, based on managements' assessment of the potential outcomes of the case at that time and in accordance with FAS 5 and FIN 14, the Company accrued an estimated loss of $24.0 million with respect to the Freedom Wireless judgment, excluding additional legal charges, which are expensed as incurred. The Company is in the process of reassessing the adequacy of this accrual in conjunction with its third quarter financial results.
About Boston Communications Group, Inc. Boston Communications Group, Inc. (Nasdaq: BCGI) develops products and services that enable wireless operators to fully realize the potential of their networks. bcgi's access management, billing, payment and network solutions help operators rapidly deploy and manage innovative voice and data services for subscribers. Available as licensed products and fully managed services, bcgi's solutions power carriers and enable MVNOs with market-leading implementations of prepaid wireless, postpaid billing, wireless account funding and m-commerce. bcgi was founded in 1988. For more information, visit http://www.bcgi.net.
Cautionary Statement Regarding Forward-Looking Statements This press release contains, in addition to historical information, forward-looking statements that involve risks and uncertainties, including statements regarding the Company's expectations that the Company will appeal the judgment and the injunction, statements that the Company's proprietary prepaid technology does not infringe the Freedom Wireless patents and that such patents are invalid due to prior art an other reasons, and the Company's prospects to obtain a favorable judgment on appeals and the timing of the appeals process. Such forward-looking statements are based on management's current expectations and are subject to a number of uncertainties and risks that could cause actual results to differ materially from those described in the forward-looking statements. Among the important factors that would cause actual results to differ materially from those indicated by such forward- looking statements include the Company seeking protection under Chapter 11 of the Bankruptcy Code, additional costs to defend additional lawsuits and the anticipated appeal, the inability of the Company to attract and retain both existing and prospective customers and employees, the Company being unable to provide the real-time prepaid wireless service bureau as currently offered in the United States, the Company being unable to stay the injunction, the inability of the Company to negotiate a reasonable license from Freedom Wireless, the inability of the Company to post a bond or other security to stay execution of the judgment, the ability to market and sell new solutions to wireless operators, the loss of a customer or certain of their markets, a change in the revenues from the Company's major customers including Nextel Communications, Verizon Wireless, and Cingular Wireless which represented 37%, 22% and 16%, respectively, of the Company's consolidated revenues for the three months ended June 30, 2005, as well as the other factors that may affect future operating results detailed in bcgi's quarterly report on Form 10-Q for the three months ended June 30, 2005 filed with the Securities and Exchange Commission.
Source: PR Newswire
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