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 Net2Phone and ADIR File Lawsuit Against Cisco Systems
Newark, NJ - March 19, 2002 - Net2Phone, Inc. (Nasdaq: NTOP), the
leading provider of Voice over IP (VoIP) services, and ADIR Technologies,
Inc., a provider of VoIP enabling software solutions, today announced
that they have jointly filed a complaint against Cisco Systems,
Inc. (Nasdaq: CSCO).
The complaint, filed in the United States District Court for the
District of New Jersey, seeks both compensatory and punitive damages
and includes the following claims:
- Misappropriation of trade secrets
- Fraud
- Unfair competition
- Breach of contract
- Breach of fiduciary duties
The relationship between Net2Phone/ADIR and Cisco had its inception
in mid-2000. According to the complaint, Net2Phone created ADIR
and Cisco entered into a strategic alliance agreement with ADIR
under which they would jointly develop "a product that would
make ADIR's voice-over software compatible with Cisco's hardware
products, and ultimately produce a highly marketable system for
internet voice-over communication." The complaint further alleges
that "Cisco had seriously misrepresented the basis on which
the entire Net2Phone-ADIR-Cisco relationship was founded."
Net2Phone and ADIR have retained Skadden, Arps, Slate Meagher &
Flom LLP and Bartlit, Beck, Herman, Palenchar and Scott to represent
the companies in this action.
"Both Net2Phone and ADIR made extraordinary efforts to maximize
our synergies with Cisco, however we were unable to resolve issues
in a manner that would be beneficial to us and our shareholders,"
said Stephen Greenberg, CEO of Net2Phone. "We have been in
intense discussions with Cisco to try to come to a resolution, and
hope to continue to work towards a solution. We hope to bring this
matter to closure as quickly as possible, and will not allow it
to be a distraction to our core businesses."
ADIR intends to continue to explore means of further reducing its
cash utilization through additional cost cutting measures and will
continue to size itself for the opportunities in the marketplace.
About Net2Phone
Founded in 1995, Net2Phone is a leading provider of voice services
over IP networks to consumers, businesses and carriers worldwide.
With millions of users around the world, Net2Phone enables toll-quality
calls between computers, telephones, and broadband devices utilizing
IP networks. Recognized as the first company to bridge the Internet
with the public switched telephone network, Net2Phone has routed
billions of minutes of traffic over its award-winning network. Traded
on the Nasdaq under the symbol NTOP, Net2Phone's strategic partners
and investors include Liberty Media Corporation, AT&T Corporation,
and IDT Corporation. For more information about Net2Phone's products
and services, please visit www.net2phone.com.
About ADIR Technologies
ADIR Technologies, Inc. offers proven, carrier-scale VoIP management
software and complete VoIP solutions for telecommunications, Internet,
wireless, broadband and next generation service providers and enterprises
worldwide. ADIR's technology is based on the proven, industry-leading
VoIP network that Net2Phone has been operating since 1995, a network
that currently handles millions of VoIP calls per day. In August
of 2001, ADIR expanded its set of exceptional VoIP offerings when
it acquired NetSpeak Corporation of Boca Raton, Florida. Today,
ADIR prides itself on creating a company that offers one-stop shopping
to services providers seeking the building blocks to build reliable,
scalable, manageable, and always-available VoIP networks. More information
about ADIR can be found at www.ADIRtech.com
This press release contains forward-looking statements
within the meaning of Section 27A of the Securities Act of 1933,
as amended, and Section 21E of the Securities Exchange Act of 1934,
as amended. These forward- looking statements involve risks and
uncertainties and actual results could differ materially from those
discussed in the forward-looking statements. For this purpose, any
statements contained in this press release that are not statements
of historical fact may be deemed to be forward-looking statements.
Factors which may affect the Company's results include, but are
not limited to, the Company's ability to expand its customer base,
the Company's ability to develop additional and leverage its existing
distribution channels for its products and solutions, dependence
on strategic and channel partners including their ability to distribute
the Company's products and meet or renew their financial commitments,
the Company's ability to address international markets, the effectiveness
of the Company's sales and marketing activities, the acceptance
of the Company's products in the marketplace, the timing and scope
of deployments of the Company's products by customers, fluctuations
in customer sales cycles, customers' ability to obtain additional
funding, technical difficulties with respect to the Company's products
or products in development, the need for ongoing product development
in an environment of rapid technological change, the emergence of
new competitors in the marketplace, the Company's ability to compete
successfully against established competitors with greater resources,
the uncertainty of future governmental regulation, the Company's
ability to manage growth, obtain patent protection, and obtain additional
funds, general economic conditions and other risks discussed in
this Report and in the Company's other filings with the Securities
and Exchange Commission. All forward-looking statements and risk
factors included in this document are made as of the date hereof,
based on information available to the Company as of the date thereof,
and the Company assumes no obligation to update any forward-looking
statement or risk factors.
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