Close WindowSan Jose, Calif. | July 7, 2000 —Today Aeris Communications, Inc. (d/b/a Aeris.net) announced that the United States District Court in Northern California determined that Aeris.net's patent infringement action against Telenetics Corporation ("Telenetics") (OTC-BB: TLNT) was "premature" because Telenetics' AirWave technology was only "in development, and will not be available for commercial use until 'around the fourth quarter of 2000 at the earliest.'" On January 28, 2000, Aeris.net filed suit against Telenetics seeking, among other things, an injunction against Telenetics' use of Aeris.net's patented technology. Aeris.net's patents cover technology that enables customers to send and receive data from remote devices using the control channels of wireless networks. The Court's order gives Aeris the right to amend its complaint against Telenetics or file another action against Telenetics' AirWave technology at a later date.
In support of Telenetics' motion that Aeris's suit was premature, John McLean, president of Telenetics' Wireless Data Network Division, said in a declaration filed with the Court, "Telenetics does not yet have a prototype of the cellular device." Mr. McLean also stated, "significant additional designing and testing are required before [Telenetics'] proposed system can be made available to commercial customers."
Aeris.net initially brought this action based on Telenetics' public statements regarding the availability of their AirWave product.
The District Court stated, "Telenetics may have engaged in some unfortunate puffery and its promotional materials and website may have exaggerated the availability of its technology, but such conduct, without more specific terms, is not an actionable offer to sell."
"Research and development is fundamental to Aeris.net and we are deeply committed to protecting our intellectual property rights," commented Dick Gossen, president and CEO of Aeris.net. "If Telenetics does eventually develop its AirWave technology and attempts to commercialize it in a way that infringes Aeris.net's patents, Aeris.net will respond appropriately."
Aeris.net, headquarted in San Jose, California, develops and implements technologies that enable the wireless connectivity and control of remote intelligent devices. Aeris.net leverages the ubiquity of existing cellular networks, the tremendous power of the Internet, and the manufacturing might of the cellular handset industry to provide a cost-effective, wireless data link to an expanding host of fixed and mobile telemetry applications. Aeris.net's mission is to unlock the potential of the embedded intelligence in countless devices by providing the leading global network solution for Web-accessible, wireless, machine-to-machine communications.
Aeris currently has contracts to deploy MicroBurst technology in over 97 percent of cellular service areas in the United States and 100 percent of Canada and Mexico. Initial applications include vehicle position and condition reporting, security and equipment monitoring, and utility meter reading. For more information on Aeris.net, call 408/557-1900 or visit the Aeris.net Web site at www.aeris.net.
MicroBurst™ is a trademark of Aeris.net, Inc. Aeris is a registered trademark of Aeris.net. All other company or product names are trademarks of their respective holders.
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