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For Immediate Release
Excentus Files Patent Infringement Lawsuit against Kroger After Months of Negotiations Fail to Reach Long-Term Agreement.
IRVING, Texas, March 10, 2010 - Excentus Corporation announced that it filed a lawsuit yesterday against The Kroger Co. in the United States District Court for the Northern District of Texas in Dallas, alleging willful patent infringement. The lawsuit seeks injunctive and equitable relief along with unspecified damages.
"Kroger contacted us in October 2008 immediately following our acquisition of the AutoGas patents. They wanted to resume patent licensing discussions which had occurred with AutoGas prior to Excentus closing the transaction to purchase the AutoGas patents," said Dickson Perry, President and Chief Executive Officer of Excentus. "We were able to reach a mutual accord with Kroger last year related to our patents and obliged their request for a time to resolve future plans for the Kroger fuel rewards programs. The Kroger fuel rewards programs have varied from market to market. Since then, we have watched Kroger increase its fuel rewards marketing efforts, which included enhancements by Kroger in Safeway's markets. We believe these efforts were deliberate attempts to take advantage of our prior lawsuit against Safeway. Further, Kroger has continued to enhance and expand its program by offering the capability to stack multiple fuel rewards together and by offering third party redemption. We felt like we had more than obliged Kroger's request for more time and recently asked that they reengage with us to enter into a long-term licensing agreement, but based on the reaction we received from Kroger, they left us no other choice but to seek court action to protect our interests."
"We have worked diligently with those interested in resolving past and future issues with our patents as evidenced by our recent agreement with Safeway and our agreements with others," added Brandon Logsdon, Executive Vice-President and General Manager of Excentus. "We believe this is further validated by the outstanding working relationships we have with the major fuel marketers and grocery companies in our industry - including those who participate in our successful fuelperks! rewards program."
A copy of the complaint filed against Kroger is available by visiting www.excentus.com.
About Excentus: Excentus Corporation is the provider of the fuelperks!(R) rewards program - a retail marketing coalition allowing grocers and a variety of other retailers the opportunity to utilize fuel discounts as the common reward currency for their customers. Additionally, Excentus licenses its patents and technology to its customers for the operation of their own fuel rewards program, and provides related support and marketing services. Excentus is the owner of eight United States patents and one foreign patent covering, among other things, fuel rewards. Excentus has a number of related patent applications pending. Headquartered in Irving, Texas, Excentus was founded in 1996. Excentus is a privately held company with over 110 customers in the United States and Canada.
For more information regarding fuelperks! or other business opportunities with Excentus, email marketing@excentus.com, or visit www.excentus.com.
Media Contacts:
Scott Wetzel
Excentus Corp.
(972) 793-6796
swetzel@excentus.com
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