PHOENIX, Ariz. and NEW YORK, Jan. 19, 2010 (GLOBE NEWSWIRE) -- Modavox, Inc. (OTCBB:MDVX), Internet broadcasting pioneer and holder of several patented technologies, announces that on Friday, January 15, 2010, Yahoo! Inc. filed an initial response to the patent infringement lawsuit filed by Modavox on November 16, 2009, Case No. C-09-5386 EDL (Northern District of California).
Yahoo!’s response seeks, in the alternative, (i) an order dismissing the Complaint (without prejudice to Modavox’s right to re-file) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or, (ii) an order compelling Modavox to provide a “More Definite Statement” under Rule 12(e) of the Federal Rules of Civil Procedure. Yahoo! argues that Modavox’s Complaint does not contain sufficient factual specificity regarding the basis of the Complaint.
Modavox believes that its Complaint satisfies the “Notice Pleading” standards and requirements of Rule 8 of the Federal Rules of Civil Procedure and relevant case law, which authorities require that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief” in order to give the defendant fair notice of “what the claim is and the grounds upon which it rests.”
Modavox notes that Yahoo!’s motion is not unusual, nor is it unexpected, given the interests of defendants in litigation to obtain as much information as possible regarding the basis for complaints filed against them. Modavox, however, conducted extensive due diligence prior to filing the Complaint and believes that it has significant factual and legal support for the Complaint, which support it will highlight for the Court, and to Yahoo! through the discovery process, at appropriate times during the pendancy of this matter.
In response to Yahoo!’s Motion, Modavox has the option of contesting the arguments advanced by Yahoo!, or filing an amended Complaint with certain additional detail based upon Modavox’s pre-filing due diligence. If Modavox contests the Motion, Modavox’s response is due February 2, 2010, to be followed by a hearing on February 23, 2010. Modavox intends to pursue the course of action that will most efficiently move past this technical pleading matter and focus attention on proving the infringement alleged in Modavox’s Complaint.
About Modavox
Modavox, Inc. provides Internet applications and services based upon Marketing-driven technology platforms that enhance the delivery of marketing communications through intelligent distribution to all Internet-enabled devices. In 2009, Modavox initiated a comprehensive business growth strategy aimed at fully leveraging the value of its technology and patent portfolio by accelerating the advanced development of technology platforms that apply the most valuable aspects of Modavox’s patents. Modavox manages three newly defined operating divisions in the high growth markets of mobile marketing (AD LIFE™), video content delivery (AD BOOM™) and ad network provisioning (AD SERVE™). These three divisions, together with patents foundational to targeted Web-based communications, will enable Modavox to pioneer a new era in marketing and new media communications with Internet applications and services for targeted consumers and communities worldwide. For more information, please visit www.modavox.com.
Forward-Looking Statements
This release includes forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements regarding our expected future financial position, results of operations, cash flows, financing plans, business strategy, products and services, competitive positions, growth opportunities, plans and objectives of management for future operations, as well as statements that include words such as "anticipate," "if," "believe," "plan," "estimate," "expect," "intend," "may," "could," "should," "will," and other similar expressions are forward-looking statements. All forward-looking statements involve risks, uncertainties and contingencies, many of which are beyond our control, which may cause actual results, performance, or achievements to differ materially from anticipated results, performance, or achievements. Factors that may cause actual results to differ materially from those in the forward-looking statements include those set forth in our Form 10-K and other reports filed with the SEC. We are under no obligation to (and expressly disclaim any such obligation to) update or alter our forward-looking statements, whether as a result of new information, future events or otherwise.