Typhoon Touch Technologies Enters into Licensing Agreement with
Electrovaya Inc., Settling Litigation
Acknowledgement of Validity and Infringement in Out-of-Court
Settlement
SEATTLE (Business Wire EON) May 28, 2008 --
Typhoon Touch Technologies, Inc. (OTCBB: TYPT) (www.typhoontouchtech.com),
owner of foundational intellectual property in the area of portable
touch-screen computers, announced today that defendant Electrovaya Inc.
(TSX: EFL) has settled the patent infringement lawsuit brought against
Electrovaya and other defendants by Typhoon and Nova Mobility Systems,
Inc. for an undisclosed sum representing a royalty payment of at least
20% on past and future sales of its Scribbler Tablet PCs in the United
States. Additionally, Electrovaya formally recognized the validity of
Typhoon’s patents at issue in the litigation
and acknowledged infringement of one or more of the patent claims.
The Complaint was filed by Blank Rome LLP in December of 2007 on behalf
of the plaintiffs in the United States District Court, Eastern District
of Texas, Tyler Division, Case No. 6:07-cv-546. On March 25, 2008,
Typhoon expanded its suit to encompass additional defendants alleged to
be selling infringing products. Typhoon commenced the action for
infringement as co-plaintiff with its licensee, Nova Mobility Systems,
Inc., an innovative provider of tablet personal computers and handheld
systems, seeking damages for lost profits and a permanent injunction
against the defendants from continued infringing activity.
Dell Inc. (NASDAQ: DELL) filed its response to the Complaint on January
31, 2008 and is not part of the settlement.
The Electrovaya settlement comes just 3 months after Typhoon settled out
of court with Motion Computing for an undisclosed sum and admission of
the validity of the patents.
“We are pleased that we have successfully
negotiated yet another settlement and further acknowledgement of the
validity of Typhoon’s patents. The Electrovaya
settlement constitutes a further step in Typhoon’s
pursuit of licensing agreements with the significant population of
device manufacturers who we believe are violating our patents. It is
very significant that Electrovaya acknowledged infringement and applaud
their desire to realize a settlement and license agreement with Typhoon,”
stated Craig Weiner, Esq., from the law firm of Hofheimer, Gartlir &
Gross LLP in New York City, Director of Legal Affairs and Licensing for
Typhoon.
Typhoon’s patent infringement suit is pending
against Dell, Sand Dune Ventures and Xplore. Contemporaneously, Typhoon
is actively seeking additional licensees and anticipates further
litigation with respect to those parties that are infringing Typhoon’s
patents and refuse to enter into a license.
About Typhoon Touch Technologies
Typhoon Touch Technologies, Inc. (OTCBB: TYPT), a Nevada corporation, is
the owner of foundational intellectual property in the area of portable
touch-screen computing. Please visit www.typhoontouchtech.com
for more information.
About Nova Mobility Systems
Nova Mobility Systems Inc., a Nevada Corporation, provides highly
reliable wireless rugged computer systems to a variety of industries
within North America. Nova’s systems are
comprised of a combination of rugged computers, embedded computing,
software, networking and communications for the mobile computer user.
Nova uses a combination of internal design and manufacturing as well as
key partnerships to develop and deploy our systems. Nova owns product
designs and techniques that have been used successfully in the rugged
computer industry for over 15 years. Please visit www.novamobility.com
for more information.
Note to editors: Copies of the lawsuit are available upon request.
This news release contains “forward-looking
statements,” as that term is defined in
Section 27A of the United States Securities Act of 1933 and Section 21E
of the Securities Exchange Act of 1934. Statements in this press release
that are not purely historical are forward-looking statements and
include any statements regarding beliefs, plans, expectations or
intentions regarding the future. Such forward-looking statements
include, among other things, that the Company licensing agreement with
Nova Mobility will enhance product development or result in innovative
products or applications, or the growth potential of touch technology
and the ability of the companies to capitalize on this market.
Actual results could differ from those projected in any forward-looking
statements due to numerous factors. Such factors include, among others,
the inherent uncertainties associated with the development of an early
stage technology company and its products and the entry into new markets
for our products and services. These forward-looking statements are made
as of the date of this news release, and the company assumes no
obligation to update the forward-looking statements, or to update the
reasons why actual results could differ from those projected in the
forward-looking statements. Although we believe that the beliefs, plans,
expectations and intentions contained in this press release are
reasonable, there can be no assurance that such beliefs, plans,
expectations or intentions will prove to be accurate. Investors should
consult all of the information set forth herein and should also refer to
the risk factors disclosure outlined in our recent current reports on
Form 8-K, our annual report on Form 10-KSB, our quarterly reports on
Form 10-QSB and other periodic and current reports filed from
time-to-time with the Securities and Exchange Commission.
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