Swiss Post concedes proof of delivery technology to RPost; as RPost drops injunction request.
LOS ANGELES, CA — March 5th, 2012 – RPost, the inventor of Registered Email services, announced today that it would drop its motion to have the Swiss Court shut down Swiss Post’s IncaMail service because of patent infringement.
When emails are sent through RPost services, the sender receives a time-stamped proof that the email was delivered. The technology to prove email delivery is patented by RPost in more than 20 countries, including Switzerland.
“We dropped our motion because Swiss Post changed its IncaMail service,” explained RPost CEO, Zafar Khan. “We took legal action because IncaMail was claiming its service proved that emails were delivered. That would violate our European patents, and we asked the Swiss Court to stop this violation. In response, Swiss Post dropped all references to delivery status from their receipts and in Court statements, claimed that the IncaMail service no longer provides proof of delivery. This removes the core of the IncaMail service for those looking for proof of who sent what to whom and when, by email.”
For RPost, which has defended its extensive patent portfolio in many venues, dealing with the Swiss Court has been a new experience. In its initial responses to the RPost motion, Swiss Post told the Court that its IncaMail system didn’t claim to prove delivery. It was only when RPost showed the Court digitally signed IncaMail receipts that claimed “Delivery,” contradicting Swiss Post’s statement to the Court, that Swiss Post was forced to quickly change their system to match what they had previously claimed.
“We take the fact that they changed their system so dramatically and so quickly to be a concession that their system was infringing,” added Khan, “and we are satisfied with their explicit statement to the Court that they will not provide an indication of delivery of email in their service in the future.”
Where the change in its service leaves IncaMail is unclear. In order to be certified by the Swiss Government as a method of delivering official documents, a delivery service has to show that it provides a receipt that proves delivery of a message. IncaMail received its Swiss Federal Strategy Unit for IT (FSUIT) certification before it changed its service in response to the RPost suit. Swiss Post has now asserted to the Court that they no longer prove delivery.
RPost has set the standard for legal electronic messaging and document services with its patented Registered Email® services for delivery proof, compliant message encryption and legal electronic signatures. RPost services are designed for industries such as insurance, financial services, legal, real estate, telecommunications and manufacturing where the speed of contract execution, data privacy, or court admissible email proof are a business requirement. Winner of the World Mail Award for security 2011, RPost is in use within the U.S. and international Governments, global F500 companies and endorsed by influential American Bar associations. RPost, founded in 2000, has been granted 35 patents worldwide and operates in 8 languages. To use RPost services, please visit rpost.com.
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