Fax Response Industry Association Members Settle Litigation Against Brooktrout Technology; Research Funded By FRIA Uncovers Existence Of Prior Art; Aids Ibex Technologies In Overcoming Allegations Of Patent Infringement

Business Wire, June 27, 1995

PARSIPPANY, N.J.--(BUSINESS WIRE)--June 27, 1995--Two members of the Fax Response Industry Association (FRIA) consortium have settled litigation against fax board manufacturer Brooktrout Technology, Inc., Needham, Mass. As a result, Ibex Technologies, El Dorado Hills, Calif., and FaxBack, Inc. Beaverton, Ore., have received a license to Brooktrout's fax-on-demand patent.

The litigation stems from a 1992 claim by Brooktrout that Ibex and FaxBack infringed its U.S. patent 4,918,722 covering fax-on-demand. Research funded by FRIA found that many systems which implemented fax-on-demand were publicly known long before Brooktrout's patent. As a result, Ibex and FaxBack filed suit in the Northern District of California seeking to have Brooktrout's patent invalidated. After a motion by Brooktrout to have the case dismissed was denied, a limited amount of discovery was completed and a hearing for summary judgment was scheduled. Prior to that hearing, Brooktrout made an offer to Ibex and FaxBack which ultimately resulted in the settlement of the lawsuit.

"The settlement with Brooktrout has met Ibex's original objectives for bringing the suit," said Ney Grant, president of Ibex.

FRIA believes that open competition in the computer-based facsimile industry will result in the production of superior technology for the end user and a healthier marketplace overall, according to Nick Zwick, chairman of Dialogic, a founding member of the consortium.

"While the needs of Ibex and FaxBack have been met through this settlement, FRIA has a broader responsibility to the industry in general which includes combating barriers to market growth," said Zwick.

The materials complied by FRIA to aid Ibex and FaxBack, which included the summary judgment motion and the prior art references, are now available to other interested organizations. Contact Debbie Blanco at Dialogic at (201) 993-3000 for additional information.

Founded in 1992, the Fax Response Industry Association (FRIA) works to eliminate principal obstacles to market growth in the computer-based facsimile industry, and to promote the public's interest in free competition. Obstacles include pubic misconceptions of the technology, less-than-optimum system design by value-added resellers (VARs), service and support issues, and restrictive and/or possibly invalid patent claims.

CONTACT: McGrath/Power Public Relations

Marcia Trask or Jonathan Bloom, 408/727-0351

or

Dialogic Corporation

Nick Zwick, 201/993-3030 x6124