TORONTO, Dec. 18, 2013 /CNW/ - 01 Communique Laboratory Inc. (TSX: ONE) today announced results for its fourth quarter 2013 which ended October 31, 2013. The loss for the fourth quarter 2013 was $357,631 compared to $505,399 in 2012 a decrease of $147,768. Excluding non-cash expenses for stock-based compensation and depreciation the adjusted loss for the fourth quarter 2013 was $271,899 compared to $295,991 in 2012. The Company completed the year with $3,072,281 of cash and cash equivalents.

"The cash operating expenses to run our business, excluding the costs associated with intellectual property, were $403,456 for the fourth quarter 2013 and we expect them to continue at approximately this level for the first quarter 2014 at which time they will be re-evaluated," said Andrew Cheung, President and CEO for 01 Communique. "With expenses at this level we believe we will be able to continue with development of a competitive product offering while carrying on with our patent lawsuits against LogMeIn Inc. ("LogMeIn") and Citrix Systems Inc. ("Citrix")."

Citrix Litigation Update -
On October 29, 2013 the Patent Trial and Appeals Board ("PTAB") rendered their decision affirming the Examiner's finding of validity of our patent number 6928479 (the "'479 Patent") in respect of Citrix's appeal of the results of the inter partes reexamination of the '479 Patent. The appeal process is now complete at the United States Patent and Trademark Office ("USPTO") and we have written to the Court requesting that the stay be lifted so that we can proceed to trial.

Background on the Citrix litigation:
On February 2, 2006, a lawsuit was filed by the Company in the United States District Court, Northern District of Ohio, Eastern Division, against Citrix alleging infringement of the '479 Patent. As part of the litigation Citrix requested an inter partes reexamination of the '479 Patent by the USPTO, and also requested a stay in the Court proceedings. The stay was granted by the Judge in the case. The Company proceeded with the reexamination process and in July 2010 received a Right of Appeal Notice ("RAN") from the USPTO confirming the patentability of the claims that were part of the inter partes reexamination. Citrix appealed that decision to the USPTO's PTAB. The PTAB has now rendered their decision affirming the validity of the '479 Patent. Citrix has appealed that decision to the United States Court of Appeal for the Federal Circuit and that appeal is now in process. We are confident that we will prevail in this appeal as well.

LogMeIn Appeal Update -
We disagree with the jury's finding of non-infringement in the LogMeIn case and, as previously announced, on June 26, 2013 we filed a notice of appeal with the United States Court of Appeal for the Federal Circuit (Appeal Nos. 2013-1479). LogMeIn has filed a cross appeal, (Case No. 2013-1525) in respect of the Court Order concluding that our patent was valid and enforceable. Their cross appeal has been consolidated with our appeal. To date all briefs that are due at this point in time have been filed by both parties. The appeal is in process and we remain confident in the merits of our appeal.

The Toronto Stock Exchange has not reviewed and does not accept responsibility for the adequacy or the accuracy of this release.

About 01 Communique
Established in 1992, 01 Communique Laboratory Inc. (TSX: ONE) offers a suite of remote access services designed for small-medium sized business, mobile professionals and IT service providers. 01's software as a service offerings are deployed on-demand and include functionality enabling on-line meetings, remote computing and IT support. 01's suite of products includes its remote access offering I'm InTouch (www.imintouch.com), its online meeting offering (www.imintouchmeeting.com) and its remote support offering I'm OnCall (www.imoncall.com) products are protected in the U.S.A. by its patents #6928479 / #6938076 / #8234701 and in Canada by its patents #2309398 / #2309398 and Japan by its patent #4,875,094. For more information, visit www.01com.com or call (905) 795-888 or (800) 668-2185 (North America only).

Cautionary Note Regarding Forward-looking Statements.
Certain statements in this news release may constitute "forward-looking" statements which involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the company, or industry results, to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. When used in this news release, such statements use such words as "may", "will", "expect", "believe", "plan", "intend", "are confident" and other similar terminology. These statements reflect current expectations regarding future events and operating performance and speak only as of the date of this news release.  Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or results, and will not necessarily be accurate indications of whether or not such results will be achieved.  A number of factors could cause actual results to differ materially from the results discussed in the forward-looking statements, including, but not limited to, the factors discussed under "Risk Factors" in the company's Annual Information Form filed on SEDAR. Although the forward-looking statements contained in this news release are based upon what management of the Company believes are reasonable assumptions, the company cannot assure investors that actual results will be consistent with these forward looking statements. These forward-looking statements are made as of the date of this news release, and the company assumes no obligation to update or revise them to reflect new events or circumstances.



01 Communique Laboratory Inc.
SELECTED FINANCIAL INFORMATION
Consolidated Statements of Financial Position

             
      31-Oct-13     31-Oct-12
             
Assets            
Current assets:            
    Cash and cash equivalents   $ 3,072,281   $ 4,547,375
    Accounts receivable     225,007     282,981
    Prepaid expenses and other assets     36,073     35,676
      3,333,361     4,866,032
             
Property and equipment     17,816     17,261
    $ 3,351,177   $ 4,883,293
             
Liabilities and Shareholders' Equity            
             
Current liabilities:            
    Accounts payable and accrued liabilities   $ 1,048,164   $ 407,770
    Deferred revenue     24,582     34,596
      1,072,746     442,366
             
Shareholders' equity:            
   Share capital     39,997,277     39,566,407
   Contributed surplus     4,468,044     3,752,710
   Agent options     111,780     248,400
   Deficit     (42,298,670)     (39,126,590)
      2,278,431     4,440,927
    $ 3,351,177   $ 4,883,293





01 Communique Laboratory Inc.
SELECTED FINANCIAL INFORMATION
Consolidated Statements of Operations and Comprehensive Income
For the 3 and 12 month periods ended October 31, 2013 and 2012

         
    for the 3 months ending   for the 12 months ending
      31-Oct-13     31-Oct-12     31-Oct-13     31-Oct-12
Revenue   $ 161,810   $ 179,702   $ 1,258,109   $ 933,514
Cost of revenue     7,502     11     7,502     272
      154,308     179,691     1,250,607     933,242
                         
Expenses (income)                        
Selling, general and administrative     353,425     509,760     1,659,834     2,131,905
Patent enforcement & re-examination expenses     39,039     45,031     2,004,581     470,031
Research and development     135,763     137,602     793,627     875,169
Interest     (16,288)     (7,303)     (35,355)     (19,524)
      511,939     685,090     4,422,687     3,457,581
                         
Loss for the period and comprehensive loss   $ (357,631)   $ (505,399)   $ (3,172,080))   $ (2,524,339)
                         
Loss per common share                        
Basic     $ (0.01)     $ (0.01)     $ (0.05)     $ (0.04)
Diluted     $ (0.01)     $ (0.01)     $ (0.05)     $ (0.04)
                         
Weighted average number of common shares                        
Basic     65,203,807     63,393,415     65,112,751     61,095,941
Diluted     65,203,807     63,393,415     65,112,751     61,095,941






01 Communique Laboratory Inc.
SELECTED FINANCIAL INFORMATION
Consolidated Statements of Cash Flows
For the 3 and 12 month periods ended October 31, 2013 and 2012

                         
    for the 3 months ending     for the 12 months ending
      31-Oct-13     31-Oct-12     31-Oct-13     31-Oct-12
Cash provided by (used in):                        
                         
Operating activities:                        
Loss for the period   $ (357,631)   $ (505,399)   $ (3,172,080)   $ (2,524,339)
Adjustments to reconcile the loss
for the period to net cash flows from		                        
operating activities:                        
Depreciation     1,754     1,631     7,411     8,730
Stock-based compensation     83,978     207,777     715,334     1,133,284
Interest income     (16,288)     (7,303)     (35,355)     (19,524)
Change in non-cash working capital      (220,361)     (428,290)     687,957     (646,188)
      (508,548)     (731,584)     (1,796,733)     (2,048,037)
Interest income received     16,288     7,303     35,355     19,524
      (492,260)     (724,281)     (1,761,378)     (2,028,513)
                         
Financing activities:                        
Issue of common shares     -       3,083,688     294,250     3,459,139
Investing activities:                        
Purchase of capital assets     (1,609)     (3,212)     (7,966)     (4,668)
Increase (decrease) in cash     (493,869)     2,356,195     (1,475,094)     1,425,958
                         
Cash and cash equivalents, beginning of period     3,566,150     2,191,180     4,547,375     3,121,417
Cash and cash equivalents, end of period   $ 3,072,281   $ 4,547,375   $ 3,072,281   $ 4,547,375
       

 

 

 

 

SOURCE 01 Communique Laboratory Inc.

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