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DeviceVM Sues Phoenix Technologies over Patent Infringement

SAN JOSE, CA — January 9, 2010 — DeviceVM, a privately held software company offering Splashtop™, an award-winning instant-on software platform, announced today that it has filed a claim for patent infringement against Phoenix Technologies Ltd. (Nasdaq: PTEC) in the United States District Court for the Northern District of California. The patent claim is based on DeviceVM’s determination that Phoenix’s HyperSpace™ product infringes a patent owned by DeviceVM for a “Mechanism for Intuitively Invoking One or More Auxiliary Programs During a Computer Booting Process.”  DeviceVM seeks, among other relief, damages for Phoenix’s infringement and an injunction barring Phoenix from making, using, offering to sell, licensing, and/or selling Hyperspace™ products.
“We dedicate a lot of effort to innovating for our customers, and Splashtop has substantial technology and intellectual property behind it,” said Mark Lee, co-founder and CEO of DeviceVM. “We will rigorously protect our IP from misuse by others.”

DeviceVM’s patent claim supplements claims that DeviceVM filed last month against Phoenix for unfair competition, false advertising and violations of the Lanham Act in connection with Phoenix’s HyperSpace™ products.  Those claims allege that, while facing mounting financial losses, failing to attract customers, and finding itself lagging behind its competition in the market, Phoenix embarked on a campaign to mislead the media, computer manufacturers, and investors regarding the poor adoption of HyperSpace™ in the PC industry.  DeviceVM’s patent claim buttresses its previous claims and provides a separate and additional basis for DeviceVM to obtain relief against Phoenix in the lawsuit.

About Splashtop

Splashtop is the award-winning instant-on platform that improves the personal computing experience. Splashtop enables users to search and surf the Web, access e-mail, and chat with friends seconds after turning on their PC. Splashtop is currently available on more than 30 million PCs across 400 models of netbooks, notebooks, motherboards, and desktops from leading manufacturers including Acer, ASUS, Dell, HP, Lenovo, LG and Sony. Since its debut in October 2007, Splashtop has received numerous awards, including the prestigious “Most Innovative Product” award from PC World, the “Best of What’s New” award from Popular Science, and “Best of 2010 CES” award from Laptop Magazine. For more information, visit

About DeviceVM

DeviceVM, Inc. is a privately held software company, selected by Dow Jones as one of the top 50 companies to watch. With its instant-on Splashtop product, DeviceVM is improving the every-day experience of computer users. Founded in 2006, DeviceVM is headquartered in Silicon Valley with offices in Beijing, Hangzhou, Shanghai, and Taipei.

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