Blue Calypso (BCYP) Announces Progress in Major Patent Lawsuit

Blue Calypso Inc. (OTCBB: BCYP), an innovator in digital social advertising, mobile content syndication, and analytics, recently announced a Markman hearing set for November 7, 2013 in its patent infringement cases against five companies – Groupon (NASDAQ: GRPN), Foursquare, IZEA (OTCQB: IZEA), MyLikes and Yelp (NYSE: YELP). Findings from this hearing may encourage settlements or provide insight into the likelihood of particular outcomes in each of the respective cases.

With the success seen by companies like Vringo Inc. (AMEX: VRNG) in their lawsuit against AOL Inc. (NYSE: AOL) and VirnetX (NYSEMKT: VHC) in their case against Apple Inc. (NASDAQ: AAPL), Blue Calypso is a stock worth watching closely as this date approaches. Successful litigation in this case, or in the one against LivingSocial (Markman hearing previously scheduled for August 27, 2013), could set the stage for similar outcomes against many other companies in the space.

“We are pleased that we have established additional scheduling dates for moving forward in the enforcement of our patents,” commented Bill Ogle, Chairman and Chief Executive Officer of Blue Calypso, in the press release. “We are confident that these Claim Construction Hearings will lead to full jury trials in 2014.”

Companies in this situation, depending on the results of the Markman hearing, will often settle out of court rather than endure the time and expense of extended litigation. Terms of these settlements often include licensing agreements that allow the company being sued to continue using the technology in exchange for ongoing fees. In this case, as well as the case against LivingSocial, Blue Calypso ( shareholders could benefit greatly from such an arrangement.

The company is being represented by recognized leaders in patent protection and litigation, Fish & Richardson P.C. in its claims against Groupon, Foursquare, Yelp, IZEA and MyLikes; and Farney Daniels P.C. in its claim against LivingSocial.

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