Digital Impact files patent infringement lawsuit against Yesmail

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San Mateo, Calif.—E-mail marketer Digital Impact on Tuesday filed a patent infringement lawsuit against e-mail marketing company Yesmail.

Yesmail’s parent company, Omaha, Neb.-based infoUSA, last month launched a bid to acquire Digital Impact. On Monday, Digital Impact announced that its board of directors had recommended that shareholders reject the $2-a-share offer.

Digital Impact said the timing of its suit against Yesmail was coincidental.

"Digital Impact acted on the patent litigation as soon as the facts were in, to protect our intellectual property and trade secrets," said Kevin Johnson, senior VP-products and marketing. "This patent litigation is separate and unrelated to the rejection of infoUSA’s offer."

Digital Impact claims Yesmail infringed the patent for its "method and system for remotely sensing the file formats processed by an e-mail client."

The suit was filed in the U.S. District Court for the Northern District of California, San Francisco division.

—Carol Krol

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