Acacia Offers License Agreement Option to eCollegeSM Clients

May 24, 2004

This offer provides an option for eCollege clients to enter into a license agreement on favorable economic terms.

The education industry is one of several industries allegedly infringing Acacia’s DMT patents, which cover the transmission and receipt of streaming media files over the Internet and other delivery means such as cable and satellite. The license agreements are not limited to an institution’s eLearning operation, and cover streaming audio and video files used in any aspect of an institution’s online environment, including distance courses, on-campus use, marketing programs, or sports activities. Many colleges and universities across the country have been contacted by Acacia, some of which are eCollege clients.

“Based on client feedback, and given the complexities in dealing with patent infringement, we are serving as an advocate on behalf of our clients to provide options for them to resolve this matter on favorable financial terms and in a way that best meets their individual needs,” said Oakleigh Thorne, chairman and CEO of eCollege. “We do not endorse Acacia’s claims, and are not recommending our clients take any particular approach, but rather are providing our clients with the appropriate information so they can make their own informed decision.”

eCollege is not benefiting financially from the license agreements, and is not playing an intermediary role in the signing of such agreements. Rather, the decision to enter into the agreement is left completely to the discretion of eCollege’s clients and their legal counsel, and will be worked directly between eCollege clients and Acacia.

About eCollege
eCollege [Nasdaq: ECLG] is a leading provider of value-added information services to the post-secondary and K-12 education markets. The Company’s eLearning Division designs, builds and supports some of the most successful, fully online degree, certificate/diploma and professional development programs in the country. The Company’s Enrollment Division, Datamark, Inc., helps institutions build new enrollments and increase student retention. Customers include publicly traded for-profit institutions, community colleges, public and private universities, school districts, and state departments of education. eCollege was founded in 1996 and is headquartered in Denver. Datamark was founded in 1987 and is headquartered in Salt Lake City. For more information, visit and This news release contains statements that are not historical in nature and that may be characterized as “forward-looking statements” within the meaning of the securities laws including statements regarding licensing arrangements and the legal and financial aspects thereof and any other statements that are not historical facts. These statements are based on management’s current expectations and are subject to a number of uncertainties and risks. Actual results may differ materially. Important factors that could cause actual results to differ materially from estimates or projections contained in the forward-looking statements include, but are not limited to, our dependence on our customers and third parties to market online programs; our ability to protect our intellectual property rights; the impact of laws and regulations affecting education and the Internet; and such other factors as are discussed in our most recent Form 10-Q Quarterly Report and Form 10-K Annual Report filed with the U.S. Securities and Exchange Commission , which you are encouraged to review in connection with this release. We believe that these forward-looking statements are reasonable, however, you should not place undue reliance on forward-looking statements, which are based on current expectations and speak only as of the date of this release. We are not obligated to publicly release any revisions to forward-looking statements to reflect events after the date of this release.

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