Insignia`s Monopolization Case Against News America Marketing In-Store to Proceed to Trial
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News America`s Counterclaims Against Insignia and CEO Dismissed MINNEAPOLIS--(Business Wire)-- Yesterday Judge John Tunheim of the United States District Court for the District of Minnesota ruled on the Cross Summary Judgment Motions by Insignia Systems, Inc. (Nasdaq: ISIG) and News America Marketing In-Store (NAM). The Court denied NAM`s motions to dismiss Insignia`s allegations of monopolization, conspiracy and false advertising against NAM. In the same Order, the Court granted the motions of Insignia and CEO Scott Drill to dismiss allegations that Insignia had interfered with NAM`s contracts and that Drill and Insignia had disparaged NAM. By denying NAM`s Motion, the Court has set the stage for a trial on Insignia`s antitrust and unfair-competition claims, which include violations of the Sherman and Clayton Antitrust Acts, the Lanham Act, and those statutes` counterparts in Minnesota state law. Insignia claims that NAM monopolized markets for in-store advertising, that NAM`s exclusive contracts unreasonably restrained trade, that NAM conspired with others to restrain trade, and that NAM misled consumer goods manufacturers about the quality of Insignia`s services. In other parts of the order, the Court also granted Insignia`s motion to compel production of material used by NAM`s experts in the separate Valassis litigation against NAM, denied NAM`s request to exclude the testimony of witnesses from the case, and granted NAM`s Motion for Summary Judgment on the issue of whether it possessed market power over retailers. Insignia is represented in this case by the law firm of Kelley Drye & Warren LLP, while Mr. Drill is represented by the firm of Best & Flanagan LLP. Insignia Systems, Inc. is an innovative developer and marketer of in-store advertising products, programs and services to retailers and consumer goods manufacturers. Through its Point-Of-Purchase Services (POPS) business, Insignia is contracted with more than 9,200 chain retail supermarkets and drug stores, including Kroger, ShopRite and SuperValu. Through the nationwide POPS network, over 200 major consumer goods manufacturers, including General Mills, Kellogg Company, Kraft, Nestlé, Ocean Spray, Reckitt Benckiser, Schwans Bakery and Tyson Foods, have taken their brand messages to the point-of-purchase. For additional information, contact (888) 474-7677, or visit the Insignia website at www.insigniasystems.com. Except for the historical information contained herein, the matters discussed in this news release are forward-looking statements. The Company`s actual results could differ materially from these forward-looking statements as a result of a number of factors, including risks and uncertainties as described in the Company`s SEC Form 10-K for the year ended December 31, 2008 and other recent filings with the Securities and Exchange Commission. The Company wishes to caution readers not to place undue reliance upon any such forward-looking statements, which speak only as of the date made. Insignia Systems, Inc. Scott Drill, President and CEO 763-392-6200; 800-874-4648 Copyright Business Wire 2009
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