Wilmington, Delaware – February 23, 2015 - TMM, Inc. (TMMI-PK) (“TMMI”) or (the “Company”) is pleased to announce that the Inter Partes Review (“IPR”) Petition that TMMI filed with the USPTO Patent Trial and Appeal Board (“Board”) in June 2014 seeking to invalidate the operative claims of Dimension, Inc.’s Patent Number 8,639,053 on the basis of prior art has resulted in the cancellation by Dimension of each of its operative patent claims. On February 18, 2015, Dimension as the Patent Owner advised the Board to cancel its claims 1-16 and 22-30, which are all of Dimension’s ‘053 Patent claims challenged in TMMI’s IPR Petition. On February 19, 2015, TMMI filed a petition that requests that the Board construe Dimension’s actions as a Request for Adverse Judgment under 37 C.F.R. Sec. 42.73(b) to formally end the proceedings since Dimension as Patent Owner has canceled all of its patent claims involved in the IPR Petition such that there is no remaining claim in the trial (37 C.F.R. Sec. 42.73(b)(2) and Dimension has stated to the Board its decision to abandon the contest (“Patent Owner, has elected… not to defend its interests in this Proceeding.”); 37 C.F.R. Sec. 42.73(b)(4).
On the basis of such actions by Dimension, TMMI has petitioned the Board to take the following actions to formally conclude the cancellation of Dimension’s ‘053 patent claims:
1) Grant Dimension’s Request for Adverse Judgment against its patent claims;
2) Enter judgment against Dimension with respect to its claims 1-16 and 22-30 of U.S. Patent No.8,639,053; and
3) Issue a certificate canceling Dimensions’ claims 1-16 and 22-30 of U.S. Patent No. 8,639,053 pursuant to 37 C.F.R. Sec. 42.80.
Going forward, TMMI will continue to aggressively protect any threats to TMMI’s intellectual property assets.
ON BEHALF OF THE TMMI BOARD OF DIRECTORS OF TMM, INC.:
GERARD V. CAVANAUGH
CHAIRMAN AND PRESIDENT
The information in this release contains forward-looking statements which involve risks and uncertainties, including statements regarding the Company's capital needs, business strategy and expectations. Any statements contained herein that are not statements of historical fact may be deemed to be forward-looking statements, which may be identified by terminology such as "may," "should," "will," "expect," "plan," "intend," "anticipate," "believe," "estimate," "predict," "potential," "forecast," "project," or "continue," the negative of such terms or other comparable terminology. Readers should not rely on forward-looking statements as predictions of future events or results. Any or all of the Company's forward-looking statements may turn out to be wrong. They can be affected by inaccurate assumptions, risks and uncertainties and other factors which could cause actual events or results to be materially different from those expressed or implied in the forward-looking statements. Factors may cause the Company's actual results to differ materially from any forward-looking statement. In addition, new factors emerge from time to time and it is not possible for the Company to predict all factors that may cause actual results to differ materially from those contained in any forward- looking statements. The Company disclaims any obligation to publicly update any forward-looking statements to reflect events or circumstances after the date of this document, except as required by applicable law.
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