01 Communique (TSX:ONE) is hoping for a little luck of the Irish; its patent litigation case against Boston-based Logmein will begin the day after St. Patrick’s Day, on March 18th.
At a pre-trial hearing held yesterday, a the US Court of Appeals for the Federal Circuit denied Logmein’s motion to dismiss the case for “failure to join an indispensable party.”
01 CEO Andrew Cheung commented: “We remain confident in the merits of our case,” he said. “We are preparing in earnest for trial and look forward to our day in court which is only 2 months away.”
In July, 01 announced it had received an order from the United States Court of Appeals for the Federal Circuit regarding the company’s appeal in its patent litigation against LogMeIn, remanding the case back to the district court for trial. The order followed an earlier order that the Mississauga company’s case against LogMeIn would not go to trial.
01 Communique was founded 1992, when it released a a fax program called 01 Fax. The company began developing remote access software in the late 1990′s, and filed for patents related to this technologies in 2000. 01 was subsequently granted two patents in August, 2005. Although it was the first company to actually be granted patents for remote access, other companies such as Citrix and Bomgar won the space, prompting 01 Communique to explore legal action around its intellectual property portfolio.
The lower court case, 01 Communique Laboratory Inc. v. LogMeIn Inc., 10cv1007, is being held in the U.S. District Court for the Eastern District of Virginia.
At press time, shares of 01 Communique were even at $1.19.