US Patent Office Grants Special Patent Status to Private Inventor Regarding Alleged Technology Infringement by Acterna Corporation's DSAM 2500 Cable Modem Tester

Alpharetta, GA September 27, 2004 -- Richard C. Jaworski, a leading marketing consultant and inventor of several cable and telecom industry patents, announces that the US Patent Office has granted his "Petition to Make Special" on his System of Testing the Upstream Cable Modem Channel (TUCMC) patent application. The petition to the US Patent Office alleged infringement of his technology by Acterna Corporation in their DSAM 2500 Cable Modem Test Instrument. The granting of this petition allows the patent application to take first priority in the examination and issuance process, enabing Mr. Jaworski to take legal action against Acterna in the near future. In granting this petition, the Patent Office reviewed Mr. Jaworski's claim against Acterna and the validity of the patent and ruled in his favor.

The TUCMC technology is the cable industry's most innovative means of monitoring and testing the performance of the cable modem upstream path. This technology will play a key roll in maintaining network reliability and service quality to cable customers subscribing to value-added services such as High Speed Internet and Voice Over IP (VoIP), an increasingly popular service with high growth potential demanding even higher levels of dependability. Previous cable modem test technology tests only the downstream modem path, allowing severe service and data loss errors to go undetected, ultimately effecting customer service with signal loss and disturbance issues. With VoIP service over cable modems this can mean call breakup or even dropped calls. TUCMC patent technology provides a flexible, low cost solution for highly effective upstream performance testing and monitoring by adding additional capabilities to cable modem testers or to cable modems in the field without expensive additional hardware or complicated use. Report options through the internet or to private networks are easily configured for rapid response data and increased customer satisfaction.

Mr. Jaworski alleges with written evidence that Acterna knew of the patent and the technology prior to releasing the feature in the DSAM 2500. "I believe that this is an example of a large corporation using their money and power to take advantage of individual inventors. Acterna was well aware of the technology prior to launching it in their product, but they indicated to me in writing it would cost them too much. To discourage this kind of behavior the law provides stiff penalties for this kind of willful infringement in the form of "Triple Damages". I plan to take full advantage of this as soon as the patent issues," comments Jaworski.

Patent law allows for royalties on a technology to begin at the publishing date of the patent application. Since the TUCMC technology was published in August of 2003, Mr. Jaworski believes that Acterna could owe him in excess of $1M in royalties when triple damages are considered. This does not include future royalties for the life of the patent.

Further information on the Acterna DSAM 2500 instrument is available here:
http://acterna.com/united_states/Products/descriptions/DSAM-2500/index.html. Additional information on the TUCMC patent, technology and Jaworski's dispute with Acterna is available at http://www.rickjaworski.com.
Acterna and the DSAM 2500 are trademarks of Acterna Corporation.





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