Asure Software, Inc. is a
software
Software consists of computer programs that instruct the Execution (computing), execution of a computer. Software also includes design documents and specifications.
The history of software is closely tied to the development of digital comput ...
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 sufficiency of disclosure, enabling discl ...
rights on the
JPEG
JPEG ( , short for Joint Photographic Experts Group and sometimes retroactively referred to as JPEG 1) is a commonly used method of lossy compression for digital images, particularly for those images produced by digital photography. The degr ...
image compression
Image compression is a type of data compression applied to digital images, to reduce their cost for computer data storage, storage or data transmission, transmission. Algorithms may take advantage of visual perception and the statistical properti ...
standard, which is widely used on the
World Wide Web
The World Wide Web (WWW or simply the Web) is an information system that enables Content (media), content sharing over the Internet through user-friendly ways meant to appeal to users beyond Information technology, IT specialists and hobbyis ...
. 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 a global technology solutions company founded in 1986 and headquartered in Blue Bell, Pennsylvania. The company provides cloud, AI, digital workplace, logistics, and enterprise computing services.
History Founding
Unis ...
' attempts to assert rights over the
GIF
The Graphics Interchange Format (GIF; or , ) is a Raster graphics, bitmap Image file formats, image format that was developed by a team at the online services provider CompuServe led by American computer scientist Steve Wilhite and released ...
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 f ...
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. ( ), formerly Adobe Systems Incorporated, is an American software, computer software company based in San Jose, California. It offers a wide range of programs from web design tools, photo manipulation and vector creation, through to ...
,
Apple Computer
Apple Inc. is an American multinational corporation and technology company headquartered in Cupertino, California, in Silicon Valley. It is best known for its consumer electronics, software, and services. Founded in 1976 as Apple Computer Co ...
and
IBM
International Business Machines Corporation (using the trademark IBM), nicknamed Big Blue, is an American Multinational corporation, multinational technology company headquartered in Armonk, New York, and present in over 175 countries. It is ...
, for infringement of their patent. On September 26, 2005,
Axis Communications
Axis Communications AB is a Swedish manufacturer of IP camera, network cameras, access control, and Voice over IP, network audio devices for the physical security and video surveillance industries. Since 2015, it operates as an independent subsid ...
, 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 headquartered in San Francisco, California, that made products such as Adobe Flash, Flash and Adobe Dreamweaver, Dreamweaver. It was purchased by its riv ...
, Axis, Color Dreams, and
Research In Motion
BlackBerry Limited, formerly Research In Motion (RIM), is a Canadian software company specializing in secure communications and the Internet of Things (IoT). Founded in 1984, it developed the BlackBerry brand of interactive pagers, smartpho ...
.
On May 25, 2006, the
United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is an List of federal agencies in the United States, agency in the United States Department of Commerce, U.S. Department of Commerce that serves as the national patent office and trademark ...
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 f ...
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
The Nasdaq Stock Market (; National Association of Securities Dealers Automated Quotations) is an American stock exchange based in New York City. It is the most active stock trading venue in the U.S. by volume, and ranked second on the list ...
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 Inc. is an American technology company that develops, sells, repairs, and supports personal computers (PCs), Server (computing), servers, data storage devices, network switches, software, computer peripherals including printers and webcam ...
,
Hewlett-Packard
The Hewlett-Packard Company, commonly shortened to Hewlett-Packard ( ) or HP, was an American multinational information technology company. It was founded by Bill Hewlett and David Packard in 1939 in a one-car garage in Palo Alto, California ...
,
IBM
International Business Machines Corporation (using the trademark IBM), nicknamed Big Blue, is an American Multinational corporation, multinational technology company headquartered in Armonk, New York, and present in over 175 countries. It is ...
,
Microsoft
Microsoft Corporation is an American multinational corporation and technology company, technology conglomerate headquartered in Redmond, Washington. Founded in 1975, the company became influential in the History of personal computers#The ear ...
, and
Sun Microsystems
Sun Microsystems, Inc., often known as Sun for short, was an American technology company that existed from 1982 to 2010 which developed and sold computers, computer components, software, and information technology services. Sun contributed sig ...
.
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, 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
Human resource management (HRM) is the strategic and coherent approach to the effective and efficient management of people in a company or organization such that they help their business gain a competitive advantage. It is designed to maximize e ...
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