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Modavox Files Patent Infringement Lawsuit Against Tacoda

Business Wire, August 10, 2007

Company Files Lawsuit in U.S. District Court in New York Seeking Injunctive Relief and as yet Unspecified Damages

PHOENIX & NEW YORK -- Please replace the release dated Aug. 9, 2007 with the following corrected version due to multiple revisions.

The corrected release reads:

MODAVOX FILES PATENT INFRINGEMENT LAWSUIT AGAINST TACODA

COMPANY FILES LAWSUIT IN U.S. DISTRICT COURT IN NEW YORK SEEKING INJUNCTIVE RELIEF AND AS YET UNSPECIFIED DAMAGES

Modavox, Inc. (OTCBB:MDVX), an Internet broadcasting pioneer in the production and syndication of online audio and video, announced today that it has filed a lawsuit against Tacoda, Inc. in the United States District Court for the Southern District of New York (Case No. 07 CV 7088 (McMahon)). In the suit, Modavox asserts its claim that Tacoda is infringing on United States Patent No. 6,594,691, "Method and System for Adding Function to a Web Page," as well as allowed claims from at least one additional patent application. Modavox is seeking injunctive relief and as yet unspecified damages stemming from Tacoda's infringing activities.

This suit against Tacoda is the first step in a potentially wide-reaching campaign designed to enforce Modavox's proprietary rights in its groundbreaking technology and to advance Modavox to its rightful place in the industry. Modavox intends to utilize its increasing business resources to further expand its ongoing analyses of activity within the industry, including identifying additional potential infringers of its expanding patented intellectual property portfolio.

"Modavox's commitment to innovation has yielded highly valuable patented intellectual property. Our management team, in conjunction with Fox Rothschild LLP, made a strategic business decision to design, create and execute a comprehensive plan in support of our patented process and technologies," said David Ide, CEO at Modavox. "We knew that decision would likely include pursuing enforcement through the justice system, and we are confident that the action we have taken today is an appropriate step on behalf of our shareholders and believe it will allow us to begin to reveal the true value of our patented intellectual property."

Nathaniel T. Bradley, Chief Technology & Product Officer at Modavox stated, "Upon review of data produced from our thorough infringement analysis, it's clear to us that Tacoda is infringing on the Modavox patents. Our leading edge technical innovations in customized content delivery have been used by Tacoda, as well as by a growing list of identified infringers, and is foundational to their product lines. The action today by Modavox is paramount to our overall patent enforcement strategy and is the culmination of years of effort; it is a long-awaited milestone for our company."

Dr. Daniel F. Coughlin of Fox Rothschild, who is acting as Modavox's lead counsel in the case stated, "We are confident in both the validity of Modavox's patent assets and the importance of their proprietary technology in this sector of online commerce. This suit clearly should demonstrate both of these points and, at the same time, serve notice on the industry that Modavox intends to take all steps necessary to leverage fully its technology and its intellectual property to further its business goals."

About Fox Rothschild

Fox Rothschild LLP (www.foxrothschild.com) is a full-service law firm built to serve business leaders. Over the past 100 years, we have grown to 400 lawyers in 14 offices coast to coast. Our clients come to us because we understand their issues, their priorities, and the way they think. We help clients manage risk and make better decisions by offering practical, innovative advice.

About Modavox

Modavox, Inc. (www.modavox.com), a pioneer in Internet broadcasting, producing and syndicating online audio and video, offers innovative, effective and comprehensive online tools for reaching targeted niche communities worldwide. Through patented Modavox technology, Modavox delivers content straight to desktops and Internet-enabled devices. Modavox provides managed access for live and on-demand Internet Radio Broadcasting, E-learning and Rich Media Advertising.

Forward-Looking Statements

This release contains "forward-looking statements" for purposes of the Securities and Exchange Commission's "safe harbor" provisions under the Private Securities Litigation Reform Act of 1995 and Rule 3b-6 under the Securities Exchange Act of 1934. These forward-looking statements are subject to various risks and uncertainties that could cause Modavox's actual results to differ materially from those currently anticipated, including the risk factors identified in Modavox's filings with the Securities and Exchange Commission.

COPYRIGHT 2007 Business Wire
COPYRIGHT 2008 Gale, Cengage Learning
 

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