DALLAS, Jan. 22, 2015 (GLOBE NEWSWIRE) -- Blue Calypso, Inc., (OTCBB: BCYP ), developer of patented mobile consumer engagement and social advocacy solutions for retailers and product manufacturers, announced today that it has filed a motion in the Eastern District of Texas to lift the negotiated stay on the pending patent infringement litigation between the Company and Groupon (Nasdaq: GRPN ), Yelp (NYSE: YELP ), Foursquare and IZEA.PK (OTC:IZEA) (the defendants). The Company has also filed notices of appeal at the Federal Circuit Court of Appeals in each of the Covered Business Method Review (CBMR) cases at the Patent Trial and Appeals Board (PTAB).
On January 14, 2014, the parties agreed to stay the litigation in the Eastern District pending the decisions from the PTAB as to validity of the patents. As a part of agreeing to join the stay, the parties jointly agreed to ask the Court to lift the stay and for an expedited litigation schedule if any of the asserted claims were held valid by the PTAB. The PTAB now has confirmed the validity of twenty-eight claims and Blue Calypso, through its counsel, has asked the Court to lift the stay according to the agreement. The defendants refused to participate in the motion to lift the stay as previously agreed, and have instead asked the Court to leave the stay in place in a separate motion.
"The parties jointly agreed to lift the stay and an expedited schedule. We joined the request for a stay in good faith based on that agreement last year," Andrew Levi, CEO of Blue Calypso stated. He added, "We are naturally concerned that the other side has chosen to not live up to its agreement. We are confident in our case and the validity of our patents. We remain committed to the protection of our patented technology and very much look forward to our day in court now that the PTAB has vindicated the majority of our patents."
Additionally, on January 16, 2015, the Company filed notices of appeal with the Federal Circuit on the PTAB's December 18, 2014 rulings on the five Covered Business Method Review petitions filed by Groupon in June and August of 2013. While the PTAB confirmed the validity of twenty-eight of the claims in four patents asserted against various defendants over Groupon's challenges, other claims in the patents were determined by the PTAB to be invalid. The Company has now challenged the determination of the invalidity of these other claims. Levi commented that, "The Company asserted its right to appeal because we believe that the PTAB made several mistakes in some of its decisions. We have faith that the appeal process in the Federal Circuit will vindicate the validity of all of our patents and that the appeals will further strengthen our litigation position against all the remaining defendants."
About Blue Calypso, Inc.
Blue Calypso, Inc. (OTCBB: BCYP ) develops and delivers mobile engagement and social advocacy solutions for retailers and product manufacturers using its patented portfolio of products including Mobile ADvantage™, KIOSentrix™, DashTAGG® and SocialECHO™. The Company employs their unique platform to connect consumers to brands, drive store traffic, increase shopper spend and shorten the path-to-purchase. The Blue Calypso platform includes extensive big data analytics, tracking consumer engagement such as the spread of shared content, attribution, geo-location and offer redemption. Brands on this platform have key insight into the performance of their content and the sentiment of their customers in real-time. For more about the Company please visit www.bluecalypso.com
CONTACT:
Blue Calypso, Inc.
Laurie Stovall
800-378-2297
lstovall@bluecalypso.com
Corporate Services Advisor
Merriman Capital, Inc.*
Alexandra Petek
415-248-5681
apetek@merrimanco.com
*Member FINRA / SIPC
