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Destiny Media Provides Update on Litigation Dismissal Process
Feb 12, 2010 (06:02 PM EST)
Motion to Dismiss Patent Infringement Claim Filed
VANCOUVER, British Columbia, Feb. 12 /PRNewswire-FirstCall/ -- Destiny Media Technologies is pleased to provide an update on the process to dismiss a patent litigation claim filed last May by Yangaroo Inc. (YOO-TSX, Pink Sheets: YOOIF).
Destiny was successful in obtaining a court order on October 13, 2009, which permitted the company to pursue a fast track dismissal motion based on the fact Destiny operates its system out of Canada. This is the first of five defenses that Destiny can assert if necessary.
The motion to dismiss was filed this morning. A response and our reply will be filed over the next six weeks at which point, the court will be in a position to make a ruling.
Comments Destiny CEO Steve Vestergaard, "If this motion to dismiss is successful, that will end the case except that Destiny plans to seek legal fees and other damages. We believe Yangaroo filed this claim despite being aware of the fact our servers are located in Canada. If we are unsuccessful with the current motion to dismiss, the case will continue with more discovery related to all five strong defenses."
Destiny's motion is available at http://www.dsny.com/dismiss/motiontodismiss
About Destiny Media Technologies
Destiny Media (http://www.dsny.com) is the developer of the Play MPE® system (http://www.plaympe.com) which the recording industry uses to securely distribute new pre-release music through the internet to trusted recipients such as radio, media and VIP's. Real time usage statistics are available at http://www.plaympe.com/v4/company/plaympestats.php
Safe Harbor Statement:
"Safe Harbor" statement under the Private Securities Litigation Reform Act of 1995: This release contains forward looking statements that are subject to risks and uncertainties, including, but not limited to, the impact of competitive products and pricing, product demand and market acceptance, new product development, reliance on key strategic alliances, availability of raw materials, the regulatory environment, fluctuations in operating results and other risks detailed from time to time in the Company's filings with the Securities and Exchange Commission.
SOURCE Destiny Media Technologies