DALLAS--(Excentus Corporation announced today that U.S. District Court Judge Michael Barrett of the U.S. District Court for the Southern District of Ohio has issued a Claim Construction Order in Excentus’ lawsuit against The Kroger Company, which Excentus accuses of patent infringement, trademark infringement, trade secret misappropriation, and various other acts of unfair competition.)--
“We are very pleased with the Court’s Order, which represents a significant step towards successfully enforcing our patents against Kroger and others”
Judge Barrett’s September 29, 2012 Order provides the Court’s interpretation of disputed terms in the patents at issue in the case. In its Order, the Court adopted constructions favorable to Excentus for key terms in dispute. Excentus believes that the Court’s Order affirms the breadth of core patents in Excentus’ intellectual property portfolio.
“We are very pleased with the Court’s Order, which represents a significant step towards successfully enforcing our patents against Kroger and others,” said Dickson Perry, Excentus Chairman and CEO.
Excentus is seeking remedies including lost profits, reasonable royalties, punitive damages, and a permanent injunction against Kroger.
Excentus Corporation is the market leader in providing marketing and promotional programs and services utilizing price rollback discounts at the pump as the ultimate consumer reward. Through its patented Fuel Rewards® systems and methods, the growing Fuel Rewards Network™ program provides its Members with the opportunity to earn free fuel simply by purchasing the things they normally would from more than 1,000 retail locations, nearly 700 online merchants, and 10,000+ restaurants, and redeeming their rewards at participating fuel stations across the country. To date, Excentus has helped over 10 million consumers save hundreds of millions of dollars on fuel. In addition, Excentus licenses various uses of its patent portfolio and delivers private-label fuel discount programs through its business unit, Centego II, LLC. Headquartered in Dallas, Texas, Excentus was founded in 1996 and is a privately held company with over 150 employees. For more information please visit www.excentus.com.