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Federal Circuit Reinstates Full $1.2M Jury Verdict Against ApplyYourself, Inc. for Infringement of CollegeNET's Universal Forms Engine Patents
Portland, OR, August 2, 2005

The U.S. Court of Appeals for the Federal Circuit issued a ruling today that reinstates a September, 2003 jury verdict against ApplyYourself, Inc., for infringement of CollegeNET's U.S. Patent No. 6,460,042. The court also affirmed the verdict of infringement of CollegeNET's U.S. Patent No. 6,345,278 by denying ApplyYourself's cross-appeal. The '042 and '278 patents relate to computerized systems and methods for third party processing of forms such as online college admissions applications.

CollegeNET had prevailed in a September 2003 trial in federal district court in Portland, Oregon during which the jury found willful infringement by ApplyYourself of U.S. Patent No. 6,345,278 and infringement of U.S. Patent No. 6,460,042. Following the trial, however, the district court overturned the jury's verdict on the '042 patent based on a narrow reading of a key phrase in that patent. Today's ruling reverses the lower court's action: "...because the district court misconstrued the phrase 'in a format specified by the institution' in the '042 patent, this court reverses the grant of JMOL and reinstates the jury verdict of infringement." Today's ruling by the three-judge Federal Circuit panel was unanimous.

Following the September 2003 ApplyYourself trial, CollegeNET filed suit against XAP Corporation of Los Angeles, CA, for infringement of the same two patents. That suit is currently awaiting trial.

The full text of today's ruling is available at http://www.fedcir.gov/opinions/04-1202.pdf

About CollegeNET, Inc.
CollegeNET, Inc. is focused on providing technologies that save institutions money and improve educational access and affordability for citizens. The company provides innovations in event and academic scheduling, decision support, admissions, web-based tuition processing, prospect management, alumni development, and email management to colleges, universities, and nonprofits worldwide. More than 1,000 institutions use CollegeNET software and e-solutions. The company is headquartered in Portland, OR.

For more information, please contact Paul Casey, Director of Corporate Communications, CollegeNET. Phone: 503.973.5200. Fax: 503.973.5252.

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