Destiny Media Responds to Press Release From Canadian Competitor
12 5월 2009 - 9:07AM
PR Newswire (US)
VANCOUVER, British Columbia, May 6 /PRNewswire-FirstCall/ --
Destiny Media Technologies, Inc. (OTC:DSNY) (BULLETIN BOARD: DSNY)
, the industry's leading secure digital media distribution company,
is pleased to respond to a press release issued this afternoon by
Yangaroo Inc. (TSX: YOO, Pink Sheets: YOOIF). Yangaroo offers a web
based product that competes with Destiny's Play MPE(R) system in
Canada. According to their release, Yangaroo states that a claim
for patent infringement against Destiny was filed in Wisconsin
today for a patent issued yesterday. Destiny has not yet been
served with this claim but is familiar with this patent and
Destiny's management is confident that the claims are without
merit. Destiny previously filed a $25 million slander and
defamation suit against Yangaroo, for misleading Destiny's
customers regarding the limits of Yangaroo intellectual property
rights. Destiny first began offering the MPE(R) system in 1999 and
has its own patent for a Digital Media Distribution Method and
System (USPTO 7466823) with foreign priority dating to March 2000.
Yangaroo applied for their US patent May 8th 2003, four years after
MPE(R) launched. Yangaroo listed Destiny's MPE(R) patent as prior
art in their own application, clearly admitting that the MPE(R)
system predated their application. Yangaroo's original patent
application was unsuccessful and they received a final rejection on
December 15, 2008, forcing them to abandon all 109 of their
original claims. They wrote and submitted a new single claim in
January 2009 and this single claim patent was granted yesterday.
Their new claim describes a method of distributing music that takes
a different approach than that used by MPE(R). According to Destiny
CEO, Steve Vestergaard, the suit is frivolous and only intended to
create confusion in the marketplace. "They say imitation is the
best form of flattery, but intellectual property law protects the
invention that comes first, so their claims that we might infringe
on a claim they only wrote a few months ago are ridiculous. Play
MPE(R) is well on the way to becoming the global standard as over
one thousand labels, including all the majors have chosen our
system to send their new music to radio and we will protect our
customer's ability to use the system they prefer." About Destiny
Media Technologies Destiny (http://www.dsny.com/) is a software
development company which provides tools that some of the world's
largest media companies use to distribute their content on the
Internet. Products include Play MPE(R), Clipstream(R) and Radio
Destiny(TM). Company Contact: Steve Vestergaard CEO Destiny Media
Technologies, Inc. 604 609 7736 x222 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. DATASOURCE: Destiny Media
Technologies, Inc. CONTACT: Steve Vestergaard, CEO of Destiny Media
Technologies, Inc., +1-604-609-7736, ext. 222, Web Site:
http://www.dsny.com/
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