The DMDS Team Blog



12/4/2009 9:00:00 AM

Claim Proceeding As Planned Following Motion Win

TORONTO, CANADA – YANGAROO Inc. (TSX-V: YOO, OTC: YOOIF), the industry’s leading secure digital media distribution company, is pleased to provide the true status of its patent infringement and injunction claim in the U.S. against Destiny Media Technologies Inc. (OTCBB:DSNY) ("Destiny"), in response to misinformation contained in a press release issued by Destiny on December 3, 2009.

In the release, Destiny’s CEO Steve Vestergaard stated that "we consider this case a nuisance suit". Clearly the U.S. Federal Court does not; having ruled against Destiny’s Motion to Dismiss the claim.

In its release Destiny states:

  • "We are taking advantage of the local court's 'fast track summary judgment' procedure…". YANGAROO chose the jurisdiction in which to file this claim in order to have an expeditious process.
  • "the Court ruled in Destiny's favor on October 13, 2009". This statement is false. YANGAROO’S counsel stipulated to limit discovery to the single issue of extraterritoriality as a convenience to the parties, in order to dispose of that issue as expeditiously as possible.
  • "In order to expedite this legal process, we are providing Yangaroo's counsel a copy of the Player and Encoder software…". This statement is very misleading. Only under threat by YANGAROO to file a motion with the Court demanding such access did they comply.
  • "…we will be seeking our legal fees…". Destiny’s suggestion that they will seek attorneys' fees is not well founded in the law.

Destiny’s on the record statement that it has servers located in Canada is of substantial interest in YANGAROO’S $15 million Canadian patent infringement claim against them, in which an injunction has also been requested.

"Although we do not intend to litigate our U.S. claim against Destiny in the press, we are pleased that they have again brought to the attention of the investment community and the media that there is a very real and significant risk to Destiny’s future economic prospects as we are very confident YANGAROO will prevail in this action," said John Heaven, President and CEO of YANGAROO. "By comparison, the risk to YANGAROO is limited to the remote possibility of the court awarding Destiny court costs or damages for enforcing our legitimately granted patents."

"We will take all actions necessary to prevent Destiny from making further false and/or misleading statements to the press regarding the case. We strongly believe that Destiny is liable for patent infringement, and that the Court and a jury will find in our favor."


YANGAROO's patented Digital Media Distribution System (DMDS) is a leading secure B2B digital delivery solution for the music and advertising industries. DMDS is a Web-based delivery system that pioneers secure digital file distribution by incorporating biometrics, high-value encryption and watermarking. DMDS replaces the physical distribution of audio and video content for music, music videos, and advertising to television, radio, media, retailers and other authorized recipients with more accountable, effective, and far less costly digital delivery of broadcast quality media via the Internet.

Named one of Canada’s Top 100 Tech Companies for 2009 by Canadian Business, YANGAROO has offices in Toronto, New York, Los Angeles, and London, U.K. YANGAROO trades on the TSX Venture Exchange (TSX-V) under the symbol YOO and in the U.S. under OTCBB:YOOIF. For further information, please contact John Heaven at 905-763-3553 or visit

Matthew Caldecutt / Gina Preoteasa
Trylon SMR
212/725-2295 /

The statements contained in this release that are not purely historical are forward-looking statements and are subject to risks and uncertainties that could cause such statements to differ materially from actual future events or results. Such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The TSX Venture Exchange does not accept responsibility for the adequacy or accuracy of this release.
Be Sociable, Share!
Comments (0) Trackbacks (0)

No comments yet.

Leave a comment

No trackbacks yet.