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ISYS Technologies Sues Google and Its Partners, Claiming Violation of Its ChromiumPC Trademark; Restraining Order Sought to Stop Launch of Chromebook and Chromebox

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ISYS Technologies Sues Google and Its Partners, Claiming Violation of Its ChromiumPC Trademark; Restraining Order Sought to Stop Launch of Chromebook and Chromebox Powered By Docstoc
					ISYS Technologies Sues Google and Its Partners,
Claiming Violation of Its ChromiumPC
Trademark; Restraining Order Sought to Stop
Launch of Chromebook and Chromebox
After months of delaying tactics by Google and after ISYS’ first use of the ChromiumPC mark, ISYS and
subsidiary, Xi3 Corporation, see their talks with Google reach “an impasse.” Noting that Google’s planned
June 15, 2011, worldwide launch of the Chromebook PC products would cause ISYS “irreparable harm,” 
ISYS is pursuing an expedited legal review in federal court in Utah to prevent shipments of Chromebook and
Chromebox computers.

June 06, 2011 12:43 PM Eastern Daylight Time 

SALT LAKE CITY--(EON: Enhanced Online News)--ISYS Technologies, Inc.today filed a lawsuit against Google
alleging that the search giant is violating and interfering with the trademark for its ChromiumPC™ Modular 
Computer.

The suit seeks an expedited temporary restraining order and preliminary injunction against Google and its partners
(Acer, Amazon.com, Best Buy and Samsung) to stop further marketing efforts of the Chromebook and Chromebox
PC products, as well as plans to begin selling these PC products on or about June 15, 2011. All five companies are
named in the federal lawsuit that was filed in the United States District Court for the District of Utah in Salt Lake
City, Utah, as Case No. 2:11-CV-507 CW.

ISYS Technologies, Intellectual Property Management and Xi3 Corporation Background

ISYS Technologies is an intellectual property management and holding company that was formed in 2002. ISYS
Technologies holds issued U.S. patents surrounding the Xi3® Computer Architecture, intellectual property that forms
the foundation for the Xi3 Modular Computer. Given the valuable nature and potentially industry-changing nature of
the Xi3 Computer Architecture, ISYS Technologies management chose to seek and obtain substantial patent and
intellectual property protection for ISYS’ market entry of its Xi3 Modular Computer and the Xi3 Computer
Architecture.

ISYS Technologies is pursuing various intellectual property protections in scores of countries around the world. Xi3
Corporation was formed as a subsidiary of ISYS Technologies in 2010 to support plans to expand sales of the Xi3
Modular Computer, ChromiumPC computers and related Xi3 Computer Architecture products in 2011.

In November 2009, however, ISYS Technologies announced its intent to support Internet-based operating systems
on its Xi3 Computer Architecture platform when it launched its ChromiumPC blog at
http://chromiumpc.blogspot.com. In June 2010, Xi3’s parent company, ISYS Technologies, filed for trademark
registration of the ChromiumPC brand for hardware with the United States Patent and Trademark Office. Interim
approval for the ChromiumPC registration was determined by the Trademark Office in October 2010, and the
application was “published for opposition” on November 23, 2010.

Xi3 ChromiumPC Modular Computer Background
On May 20, 2011, further details about the General Availability of the ChromiumPC Modular Computer were
released, describing it as the world’s first desktop able to run open source, Internet-based operating systems. Slated
for general availability in the second half of 2011, the ChromiumPC is a version of the company’s Xi3 Modular
Computer which was formally unveiled in 2010 and named by the Consumer Electronics Association as an
Innovations Award Winner in the Computer Hardware category for the 2011 International CES trade show.

“As I noted in the May 20 ChromiumPC news release, ‘The Xi3 Computer Architecture is designed to support any
x86-based operating system, including Windows, Linux, Unix, and other open source-based operating systems,’” 
said Jason A. Sullivan, president and CEO of ISYS Technologies. “This is also true of the ChromiumPC Modular
Computer, which is capable of running open source operating systems and browsers, but will not ship pre-loaded
with a Google licensed OS.

“We do not begrudge anyone the ability to create new products and take them to market, unless they infringe on our
intellectual property. For more than 18 months, we’ve been using, marketing, promoting and selling ChromiumPC
Modular Computers. But in spite of our sincere efforts to resolve this matter amicably with Google, we’ve clearly
reached an impasse. So for now, we feel we have no other choice than to request the assistance of the court to
protect us in this very critical matter regarding ChromiumPC.” 

Legal Summary of ISYS Technologies, Inc. vs. Google, Inc., et.al.

Todd E. Zenger, shareholder and intellectual property litigation specialist for the Salt Lake City-based law firm
Kirton & McConkie, is the lead attorney for ISYS in its lawsuit against Google, et.al. According to Zenger, the two
following paragraphs come from the formal Introduction to the ISYS complaint filed today:

“ISYS Technologies, Inc. is the user and owner of the mark ChromiumPC for use on computer hardware. This use
began in 2009. In 2010, ISYS filed for trademark registration thereby providing constructive notice to all including
Google of ISYS’ ongoing intentions to brand computer hardware with the ChromiumPC mark. In November 2010
and January 2011, Google knew that ISYS received significant awards through its Xi3 subsidiary at national
computer tradeshows for new computer hardware being readied for market launch. Google has now opposed
ISYS’ application for ChromiumPC relying upon the name of open source software called Chromium OS by Google
and by many, independent open-source developers over which and over whom Google exercises no material
control.

“Knowing of ISYS and its intentions and preparations for large-scale manufacturing and selling of computer
hardware, Google was privately preparing new hardware products and filed a trademark application in February
2010 for SPEEDBOOK for computer hardware. When Google’s plans to use SPEEDBOOK for a new PC
hardware product were derailed by the owner of another SPEEDBOOK mark in late 2010, Google switched its
behind-the-scenes efforts to CHROMEBOOK for PC hardware products while delaying ISYS’ trademark
registration by filing unnecessary extensions of time until Google publicly launched its new hardware PC products on
May 11, 2011 and thereafter demanding that ISYS cease and desist using its ChromiumPC mark and abandon its
application for registration. This causes damage and irreparable harm to ISYS. ISYS seeks an expedited review of
the matters, invalidation of Google’s claims to rights in the mark CHROMIUM and an injunction to prevent the sale
of computer hardware by Google bearing a mark confusingly similar to ChromiumPC, namely, CHROMEBOOK
and/or CHROMEBOX for PC hardware products.” 

About ISYS Technologies, Inc.

Formed in 2002 and headquartered in Salt Lake City, Utah, ISYS Technologies is an intellectual property
management company.

About Xi3 Corporation

Formed in 2010 and headquartered in Salt Lake City, Utah, Xi3 Corporation has brought a new type of computing
to the world – modular computing – initially in the form of the Xi3 Modular Computer. For more information on Xi3
Corporation (an ISYS Technologies company), please visit www.Xi3.com.

ISYS and ISYS Technologies are service marks of ISYS Technologies, Inc. The shape of the three-sided single
piece casing, the end plate, and the overall shape of the Xi3 Modular Computer, as well as Xi3, ChromiumPC,
Modular, and Xi3 Modular are trademarks and unique trade dress of ISYS Technologies, Inc. All other trademarks
are the property of their respective owners.

Contacts
ISYS Technologies and Xi3 Corporation
David Politis, 801-534-4403
politis@isys-tech.com
cell: 801-556-8184

				
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Description: SALT LAKE CITY--(EON: Enhanced Online News)--ISYS Technologies files federal lawsuit against Google, Acer, Amazon.com, Best Buy & Samsung for violation of ISYS' ChromiumPC mark & asks the court to halt all Chromebook & Chromebox sales efforts. img border='0' title='Add to Google' alt=
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