Destiny Media Responds to Press Release from Canadian Competitor
VANCOUVER, May 6, 2009 -- Destiny Media Technologies, Inc. (DSNY OTCBB), the industry's leading secure digital media distribution company, is pleased to respond to a press release issued this afternoon by Yangaroo Inc. (YOO-TSX, YOOIF-PK). Yangaroo offers a web based product that competes with Destiny’s Play MPE® 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® 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® launched. Yangaroo listed Destiny’s MPE® patent as prior art in their own application, clearly admitting that the MPE® 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®.
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® 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 (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®, Clipstream® and Radio Destiny™.
CFO Destiny Media Technologies, Inc.
604 609 7736 x236
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.