Asure Software is a
software
Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work.
At the lowest programming level, executable code consists ...
company. Prior to September 13, 2007, the company was known as Forgent Networks. After rebranding as Asure Software, the company expanded into offering
human capital management (HCM) solutions, including payroll, time & attendance, talent management, human resource management, benefits administration and insurance services.
It also had a software division, NetSimplicity, which specialized in room scheduling and
fixed assets' management software., which was spun off in 2019.
Patents and litigation
JPEG
In 2002, while known as Forgent, the company claimed that through its subsidiary, Compression Labs, it owned the
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
rights on the
JPEG
JPEG ( ) is a commonly used method of lossy compression for digital images, particularly for those images produced by digital photography. The degree of compression can be adjusted, allowing a selectable tradeoff between storage size and imag ...
image compression
Image compression is a type of data compression applied to digital images, to reduce their cost for storage or transmission. Algorithms may take advantage of visual perception and the statistical properties of image data to provide superior r ...
standard, which is widely used on the
World Wide Web
The World Wide Web (WWW), commonly known as the Web, is an information system enabling documents and other web resources to be accessed over the Internet.
Documents and downloadable media are made available to the network through web se ...
. Its claim arose from a patent that had been filed on October 27, 1986, and granted on October 6, 1987: by Wen-Hsiung Chen and Daniel J. Klenke. While Forgent did not own Compression Labs at the time, Chen later sold the company to Forgent before joining Cisco.
Critics claim that the legal principle of
laches, hence not asserting one's rights in a timely manner, invalidates Forgent's claims on the patent. They also noted the similarity to
Unisys
Unisys Corporation is an American multinational information technology (IT) services and consulting company headquartered in Blue Bell, Pennsylvania. It provides digital workplace solutions, cloud, applications, and infrastructure solutions, ...
' attempts to assert rights over the
GIF image compression standard via
LZW patent enforcement. The JPEG committee responded to Forgent's claims, stating that it believes prior art exists that would invalidate Forgent's claims, and launched a search for
prior art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria ...
evidence. The 1992 JPEG specification cited two earlier research papers written by Wen-Hsiung Chen, published in 1977 and 1984.
JPEG representative Richard Clark also claimed that Chen sat in one of the JPEG committees, but Forgent denied this claim.
In April 2004, Forgent stated that 30 companies had already paid US$90 million in royalties. On April 23, lawsuits were filed against 31 companies, including
Adobe Systems
Adobe Inc. ( ), originally called Adobe Systems Incorporated, is an American multinational computer software company incorporated in Delaware
and headquartered in San Jose, California. It has historically specialized in software for the crea ...
,
Apple Computer
Apple Inc. is an American multinational technology company headquartered in Cupertino, California, United States. Apple is the largest technology company by revenue (totaling in 2021) and, as of June 2022, is the world's biggest company b ...
and
IBM, for infringement of their patent. On September 26, 2005,
Axis Communications
Axis Communications AB is a Swedish manufacturer of network cameras, access control, and network audio devices for the physical security and video surveillance industries.
History
Axis Communications was founded in 1984 by Martin Gren, Mika ...
, one of the defendants, announced a settlement with Compression Labs Inc.; the terms were not disclosed. As of late October 2005, six companies were known to have licensed the patent from Forgent including Adobe,
Macromedia
Macromedia, Inc., was an American graphics, multimedia, and web development software company (1992–2005) headquartered in San Francisco, California, that made products such as Flash and Dreamweaver. It was purchased by its rival Adobe System ...
, Axis, Color Dreams, and
Research In Motion
BlackBerry Limited is a Canadian software company specializing in cybersecurity. Founded in 1984, it was originally known as Research In Motion (RIM). As RIM, it developed the BlackBerry brand of interactive pagers, smartphones, and tablet ...
.
On May 25, 2006, the
United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexa ...
rejected the broadest part of Forgent's claims, stating
prior art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria ...
submitted by the
Public Patent Foundation
In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkei ...
invalidated those claims. PubPat's Executive Director, Dan Ravicher, says that the submitters knew about the prior art but failed to tell the USPTO about it. On August 11, 2006, Forgent received notice from the
NASDAQ
The Nasdaq Stock Market () (National Association of Securities Dealers Automated Quotations Stock Market) is an American stock exchange based in New York City. It is the most active stock trading venue in the US by volume, and ranked second ...
stock market
A stock market, equity market, or share market is the aggregation of buyers and sellers of stocks (also called shares), which represent ownership claims on businesses; these may include ''securities'' listed on a public stock exchange, as ...
regarding non-compliance with the minimum bid price rule, which can lead to delisting, before coming back into compliance in January 2007.
The company issued a press release on November 1, 2006, stating that they settled their remaining claims against roughly 60 companies for a total of $8 million which was paid by, among other companies,
Dell
Dell is an American based technology company. It develops, sells, repairs, and supports computers and related products and services. Dell is owned by its parent company, Dell Technologies.
Dell sells personal computers (PCs), servers, data ...
,
Hewlett-Packard
The Hewlett-Packard Company, commonly shortened to Hewlett-Packard ( ) or HP, was an American multinational information technology company headquartered in Palo Alto, California. HP developed and provided a wide variety of hardware components ...
,
IBM,
Microsoft
Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washing ...
, and
Sun Microsystems
Sun Microsystems, Inc. (Sun for short) was an American technology company that sold computers, computer components, software, and information technology services and created the Java programming language, the Solaris operating system, ZFS, the ...
.
Digital video recorders
Forgent Networks shifted its focus to a computer controlled video system, allowing playback during recording. While the patent was filed in 1991, the first litigation was initiated in 2005. On May 21, 2007, U.S. District Court of Eastern Texas ruled in favor of
EchoStar Communications Corporation
EchoStar Corporation is an American company, a worldwide provider of satellite communication and Internet services through its Hughes Network Systems and EchoStar Satellite Services business segments. EchoStar is based out of unincorporated Arapa ...
, on grounds that the Forgent patent is invalid.
Asure Software
After Forgent Networks acquired iEmployee and changed its name to Asure Software, the website of the combined company no longer listed information related to the two patents - '672 and '746, unlike the old Forgent Networks website.
Proxy Fight
In 2008, the company was the target of a proxy fight launched by Pinnacle Fund ("Pinnacle") and Red Oak Partners, managed by David Sandberg. After negotiations, a slate of 5 new directors was elected on August 28, 2009 to replace the previous board.
Acquisitions
On September 13, 2007, Forgent acquired iEmployee.
On October 3, 2011, Asure Software announced that it had acquired ADI Time, a vendor of cloud computing time and attendance software and labor management services. On March 21, 2016, it announced the acquisition of Mangrove Employer Services, which developed
human resource management
Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, ...
software; it began massive layoffs of previous Mangrove employees in June 2016.
In May 2017, Asure acquired the Tampa-based company Compass HRM Inc. In May 2017, it acquired iSystems LLC, creators of the Evolution payroll service-bureau software. In January 2018 it acquired Sheakley PaySystems in a move to acquire their clients in the Midwest.
. In April 2018, Asure acquired Austin HR, an Austin based HR Consulting & Payroll & Benefit Administration company. On December 2, 2019, Asure Software announced that it completed the sale of its Workspace Management Business to FM:Systems.
*
References
{{Reflist
External links
Forgent Related News Storiesat The Data Compression News Blog
* https://web.archive.org/web/20160324072837/http://www.asuresoftware.com/about-us/news-item/asure-software-acquires-mangrove-software/
Patent monetization companies of the United States
Software companies based in Texas
Companies based in Austin, Texas
Companies listed on the Nasdaq
Software companies of the United States