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Asure Software is a
software Software is a set of computer programs and associated software documentation, documentation and data (computing), data. This is in contrast to Computer hardware, hardware, from which the system is built and which actually performs the work. ...
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 ...
rights on the JPEG image compression 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 ...
. 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, Apple Computer 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 Alex ...
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 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 stock market 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, Hewlett-Packard, 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, Washin ...
, and Sun Microsystems.


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 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 Stories
at 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