Visa and MasterCard Fail in Their Attempt to Supress Disclosure of Information to the CEO & President of SmartMetric, Inc. Un...
12 12월 2012 - 11:56PM
Marketwired
SmartMetric, Inc. (OTCQB: SMME), developer of "Secured by
Biometrics" Credit and Identity Cards, announced today in its
Patent Infringement lawsuit against Visa and MasterCard welcomes
the United States District Court, Central District of California,
ruling on December the 3rd to vacate the previous scheduling of a
motion scheduled for a hearing on December 5th and at the same time
cancelling the hearing altogether and issuing a ruling against Visa
and MasterCard's motion to exclude the Chief Executive Officer from
seeing various information that both Credit Card companies want the
Court to rule that C. Hendrick should be barred and excluded from
seeing under discovery.
Speaking from the companies' offices in Argentina, M/s C.
Hendrick, President and CEO of SmartMetric, is very curious as to
what information Visa and MasterCard want to be kept away from the
companies' President in a legal maneuver that is very strange
indeed. To suppress the rights of a litigant to access to material
under the discovery process is a very unusual step and something
SmartMetric, Inc. apposed with its representations before the
Court.
The Judge not only cancelled the hearing to hear Visa and
MasterCard's motion but also ruled against Visa and MasterCard's
motion to attempt to exclude SmartMetric's CEO and product inventor
C. Hendrick from viewing certain material under discovery while
saying that it would make such material available only to
SmartMetric's lawyers but kept away from SmartMetric's most capable
person to analyze technical information, the Patent inventor and
company CEO, C. Hendrick. This motion by Visa and MasterCard was
rejected by the Court under a ruling from the bench on December
3rd.
At stake is a patent written by C. Hendrick and which was first
licensed to SmartMetric, Inc. on August 1, 2004. This license
agreement was cancelled on December 11th 2009 and replaced with an
Assignment and Assumption Agreement on December 11th, 2009 giving
full ownership rights of the Patent to SmartMetric, Inc. As a point
of clarification, all options C. Hendrick had to take back the
Patent have expired and the company, SmartMetric, Inc. has full and
exclusive rights of ownership to use the Patent which it now owns
under the Assignment and Assumption agreement between C. Hendrick
and SmartMetric, Inc.
The Company, SmartMetric, Inc. will continue to press its claim
against Visa and MasterCard for Patent infringement of its U. S.
PATENT 6,792,464. The introduction and use of ATM and Banking Cards
with data chips or smartcard chips on them in the United States, is
what is at stake. SmartMetric, contends that the already issuing
and adoption of this chip card technology by Visa and MasterCard in
the United States is a clear violation of its Patent and
SmartMetric, Inc. reserves all rights including monetary damages,
future earnings and if needed even an injunction in order to
protect its Patent rights of the issued US Patent 6,792,464.
About SmartMetric
The SmartMetric, Biometric Card Computer provides powerful
computing with large memory capacity in a revolutionary size that
has taken more than 10 years of research and development. Using the
latest in sub micro technology electronics, the company has
achieved a level of miniaturization that allows it to release a
solution of portable computing power that, combined with
SmartMetric's biometric fingerprint in-card scanning technology, is
so revolutionary it will change the way business is done and
information is handled across a broad range of industries.
For further information please go to the company's
website: www.smartmetric.com
Safe Harbor Statement
Certain of the above statements contained in this press release
are forward-looking statements that involve a number of risks and
uncertainties. Such forward-looking statements are within the
meaning of that term in Section 27A of the Securities Act of 1933
and Section 21E of the Securities Exchange Act of 1934. Readers are
cautioned that any such forward-looking statements are not
guarantees of future performance and involve risks and
uncertainties, and that actual results may differ materially from
those indicated in the forward-looking statements as a result of
various factors.
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Contact: Investor Relations: Kevin Fickle (925)
330-8315 Company: SmartMetric, Inc. Chaya Hendrick P: (786)
269-2238 E: ceo@smartmetric.com
SmartMetric (PK) (USOTC:SMME)
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SmartMetric (PK) (USOTC:SMME)
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