AMICAS (AMCS)

 

We rely primarily on a combination of patent, copyright and trademark laws, trade secrets, confidentiality procedures, and contractual provisions to protect our intellectual property and proprietary rights. These laws and procedures afford only limited protection.

 

Despite our efforts to protect our proprietary rights, unauthorized parties may attempt to copy aspects of our products or obtain and use information that we regard as proprietary. Policing unauthorized use of our products is difficult, and such problems may persist. There can be no assurance that our means of protecting our proprietary rights will be adequate. In addition, our competitors could independently develop similar technology, and if they are able to obtain a patent or other protection of their intellectual property, then we could be restricted with respect to the development of our own technology.

 

Some of our programs have been delivered to our customers along with their applicable source code, which is protected by contractual provisions. In other cases, we have entered into source code escrow agreements with a limited number of our customers requiring release of the applicable source code under certain limited conditions, including any bankruptcy proceeding by or against us, cessation of our business, or our failure to meet our contractual obligations. Our source code agreements typically enable the customer to utilize the source code for their internal use only.

 

We rely upon certain software that is licensed from third parties, including software that is integrated with some of our internally developed software and/or is used with some of our products to perform certain functions. There can be no assurance that these third-party software licenses will continue to be available to us on commercially reasonable terms, if at all, which could adversely affect our business, operating results and financial condition. In addition, there can be no assurance that third parties will not claim infringement by us with respect to our products, any parts thereof, or enhancements thereto.

 

We distribute our software under software license agreements that grant customers a nonexclusive, nontransferable, perpetual or, in some cases, a term license to our products. Such agreements contain terms and conditions prohibiting the unauthorized reproduction or transfer of our products.

 

We have four issues patents in the United States and one in Canada: U.S. Patent No. 7,426,567 entitled “Methods and Apparatus for Streaming DICOM Images through Data Element Sources and Sinks” (issued September 16, 2008); U.S. Patent No. 7,170,521 entitled “Method and System for Storing, Communicating and Displaying Image data” (issued January 20, 2007); U.S. Patent No. 7,000,186 entitled “Method and structure for Electronically Transmitting a Text Document and Linked Information (issued February 14, 2006); U.S. Patent No. 5,908,387 entitled “Device and Method for Improved Quantitative Coronary Artery Analysis (issued June 1, 1999); and Canadian Patent No. 2230032 entitled “Method and System for testing and Adjusting Threshold Voltages in FLAS and EEPROMS” (issued June 12, 2001). These patents provide us with the exclusive rights to practice and exploit the claimed inventions, and provide defensive protections in the event that claims are asserted against us. We also have several patent applications pending, and we have acquired licenses under certain third party patents to practice and sublicense certain technologies.

 

We rely primarily on a combination of patent, copyright and trademark laws, trade secrets, confidentiality procedures, and contractual provisions to protect our intellectual property and proprietary rights. These laws and procedures afford only limited protection.

 

Despite our efforts to protect our proprietary rights, unauthorized parties may attempt to copy aspects of our products or obtain and use information that we regard as proprietary. Policing unauthorized use of our products is difficult, and such problems may persist. There can be no assurance that our means of protecting our proprietary rights will be adequate. In addition, our competitors could independently develop similar technology, and if they are able to obtain a patent or other protection of their intellectual property, then we could be restricted with respect to the development of our own technology.

 

We rely primarily on a combination of patent, copyright and trademark laws, trade secrets, confidentiality procedures, and contractual provisions to protect our intellectual property and proprietary rights. These laws and procedures afford only limited protection.

 

Despite our efforts to protect our proprietary rights, unauthorized parties may attempt to copy aspects of our products or obtain and use information that we regard as proprietary. Policing unauthorized use of our products is difficult, and such problems may persist. There can be no assurance that our means of protecting our proprietary rights will be adequate. In addition, our competitors could independently develop similar technology, and if they are able to obtain a patent or other protection of their intellectual property, then we could be restricted with respect to the development of our own technology.

 

Some of our programs have been delivered to our customers along with their applicable source code, which is protected by contractual provisions. In other cases, we have entered into source code escrow agreements with a limited number of our customers requiring release of the applicable source code under certain limited conditions, including any bankruptcy proceeding by or against us, cessation of our business, or our failure to meet our contractual obligations. Our source code agreements typically enable the customer to utilize the source code for their internal use only.

 

We rely upon certain software that is licensed from third parties, including software that is integrated with some of our internally developed software and/or is used with some of our products to perform certain functions. There can be no assurance that these third-party software licenses will continue to be available to us on commercially reasonable terms, if at all, which could adversely affect our business, operating results and financial condition. In addition, there can be no assurance that third parties will not claim infringement by us with respect to our products, any parts thereof, or enhancements thereto.

 

We distribute our software under software license agreements that grant customers a nonexclusive, nontransferable, perpetual or, in some cases, a term, license to our products. Such agreements contain terms and conditions prohibiting the unauthorized reproduction or transfer of our products.

 

 

We rely primarily on a combination of patent, copyright and
trademark laws, trade secrets, confidentiality procedures, and
contractual provisions to protect our intellectual property and
proprietary rights. These laws and procedures afford only
limited protection.

 

Despite our efforts to protect our proprietary rights,
unauthorized parties may attempt to copy aspects of our products
or obtain and use information that we regard as proprietary.
Policing unauthorized use of our products is difficult, and such
problems may persist. There can be no assurance that our means
of protecting our proprietary rights will be adequate. In
addition, our competitors could independently develop similar
technology, and if they are able to obtain a patent or other
protection of their intellectual property, then we could be
restricted with respect to the development of our own technology.

 

Some of our programs have been delivered to our customers along
with their applicable source code, which is protected by
contractual provisions. In other cases, we have entered into
source code escrow agreements with a limited number of our
customers requiring release of the applicable source code under
certain limited conditions, including any bankruptcy proceeding
by or against us, cessation of our business, or our failure to
meet our contractual obligations. Our source code agreements
typically enable the customer to utilize the source code for
their internal use only.

 

We rely upon certain software that is licensed from third
parties, including software that is integrated with some of our
internally developed software
and/or is
used with some of our products to perform certain functions.
There can be no assurance that these third-party software
licenses will continue to be available to us on commercially
reasonable terms, if at all, which could adversely affect our
business, operating results and financial condition. In
addition, there can be no assurance that third parties will not
claim infringement by us with respect to our products, any parts
thereof, or enhancements thereto.

 

We distribute our software under software license agreements
that grant customers a nonexclusive, nontransferable, perpetual
or, in some cases, a term, license to our products. Such
agreements contain terms and conditions prohibiting the
unauthorized reproduction or transfer of our products.

 

 

We rely primarily on a combination of patent, copyright and trademark laws, trade secrets, confidentiality procedures, and contractual provisions to protect our intellectual property and proprietary rights. These laws and procedures afford only limited protection.

 

Despite our efforts to protect our proprietary rights, unauthorized parties may attempt to copy aspects of our products or obtain and use information that we regard as proprietary. Policing unauthorized use of our products is difficult, and such problems may persist. There can be no assurance that our means of protecting our proprietary rights will be adequate. In addition, our competitors could independently develop similar technology, and if they are able to obtain a patent or other protection of their intellectual property, then we could be restricted on the development of our own technology.

 

Some of our programs have been delivered to our customers along with their applicable source code, which is protected by contractual provisions. In other cases, we have entered into source code escrow agreements with a limited number of our customers requiring release of the applicable source code under certain limited conditions, including any bankruptcy proceeding by or against us, cessation of our business, or our failure to meet our contractual obligations. Our source code agreements typically enable the customer to utilize the source code for their internal use only.