[JA] Juno Wins Key Victory in Patent Suit Filed by NetZero
- From: "Roland Stiner" <nk2u@xxxxxxxxxxxxxx>
- To: "NetZero Mail List" <netzero@xxxxxxxxxxxxxxx>
- Date: Thu, 12 Apr 2001 20:37:56 -0400
Juno Wins Key Victory in Patent Suit Filed by NetZero; Court Agrees with
Juno that NetZero's Patent Claims are Vulnerable; Dissolves Temporary
Restraining Order
Business Editors
NEW YORK--(BUSINESS WIRE)--April 12, 2001--In a favorable ruling for Juno
Online Services, Inc. (Nasdaq:JWEB), a California federal court judge today
refused to extend a temporary restraining order in the lawsuit filed against
Juno by a competitor, NetZero, Inc. (Nasdaq:NZRO).
In his order, Judge Stephen V. Wilson rejected NetZero's request for a
preliminary injunction that would have broadened the existing temporary
restraining order and extended its duration through the date of trial.
Instead, in a victory for Juno, the court lifted the temporary restraining
order entirely.
The temporary order, which had been in place from early January until today,
had prevented Juno from displaying third-party advertising on its Juno
Guide(TM) floating ad banner during most of the first quarter. Now, with the
restrictions removed, Juno is permitted to resume selling advertising on the
Juno Guide.
The California court determined that NetZero's patent claims are vulnerable
to attack on grounds of invalidity and non-infringement when a full trial is
conducted later this year. "By denying NetZero's request for a preliminary
injunction, the court sends an important signal that it has doubts that the
'946' patent will stand up at trial," stated Richard Buchband, senior vice
president and general counsel of Juno. "We're encouraged by today's ruling
and believe that it is a good barometer of Juno's chances for prevailing at
trial."
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