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Modavox, Inc. (OTCBB:MDVX - News), Internet broadcasting pioneer and holder of several patented technologies, today announced that on Wednesday, October 28, 2009, it filed a Motion for Sanctions for Spoliation of Evidence and Evasive Disclosure Practices in the U.S. District Court of New York (Southern District) pertaining to the patent infringement lawsuit filed by Modavox against Tacoda on August 9, 2007.

The purpose of a spoliation sanction is to prevent spoliators from benefiting from their wrongdoing. In constructing the appropriate sanction, a court will tailor the sanction to reflect the preventative, punitive and remedial rationales underlying the spoliation doctrine. With its Motion, Modavox asked the Court to find that a number of the procedures Tacoda employs in its operations correspond directly with steps in the Modavox patents. If the Court so concludes, this would eliminate the need for Modavox to prove infringement at trial relating to those steps.

On this news, MDVX was trading up for the day. Modavox is up about 100% year to date.

About Modavox

Modavox, Inc., the customized communications company, is a pioneer in Internet broadcasting, producing and syndicating online audio and video, offering innovative, effective, and comprehensive online tools for reaching targeted niche communities worldwide. Through patented Modavox technology, Modavox delivers content straight to desktops and Internet-enabled devices. Modavox provides managed access for live and on-demand Internet radio broadcasting, e-learning and rich media advertising. Modavox's Augme Mobile line of business, based in New York City, offers a comprehensive Web-based marketing platform that provides marketers, brands and advertising agencies the ability to create, deliver, manage and track interactive marketing campaigns targeting mobile consumers (users of mobile phones and portable digital devices) through traditional print advertising channels.