SmartMetric Inc. vs. MasterCard & Visa in $13.4 Billion Patent Infringement Case
20 8월 2013 - 1:07AM
Marketwired
SmartMetric, Inc. (OTCQB: SMME) - Speaking today from NEW YORK,
SmartMetric™ Inc. President & CEO Chaya Hendrick said the
hearing on all motions before the Court has been changed from
August 27th 2013 to September 25th, 2013. The hearing is scheduled
to be heard before the Honorable Judge Michael W. Fitzgerald in the
Federal District Court, California, at 10:am on September the 25th,
2013. Case number: 2:11-cv07126-MWF-AJW. Docket Number 169.
SmartMetric Inc. is asking the Court for summary judgment on
both the question of patent infringement and SmartMetric Inc's
damages claim of $13.4 Billion against both MasterCard and Visa.
Visa and MasterCard have filed various motions including asking for
summary dismissal of the case.
SmartMetric Inc. filed suit against both Visa and MasterCard for
patent infringement a few years ago and the case has been an
ongoing case before the Federal District Court in California, she
said. The company President, Ms. Hendrick, further said that the
company has had two Markman hearings on its "464" patent as well as
a successful appeal it won in the United States Federal Appeals
Court in Washington DC. She further said that both Visa and
MasterCard have previously moved for dismissal of the case and
failed.
The President and CEO of SmartMetric Inc. further stated that
SmartMetric has completed discovery and has submitted to the Court
two expert reports. One report covering the issue of infringement
and the other an expert report in support of its claim for $13.4
Billion in damages against both of the defendants.
Depositions of both MasterCard's and Visa's experts along with
SmartMetric's experts have been taken.
Note on what is a Markman Hearing and the role of Summary
Judgment's in the process of Patent Litigation:
A Markman hearing is a pretrial hearing in
a U.S. District Court during which a judge examines evidence from
all parties on the appropriate meanings of relevant key words used
in a patent claim, when patent infringement is alleged by a
plaintiff. It is also known as a "Claim Construction
Hearing".[1]
Holding a Markman hearing in patent infringement cases has been
common practice since the U.S. Supreme Court, in the 1996 case of
Markman v. Westview Instruments, Inc., found that the language of a
patent is a matter of law for a judge to decide, not a matter of
fact for a jury to decide. In the United States, juries determine
facts in many situations, but judges determine matters of law.
Markman hearings are important, since the court determines
patent infringement cases by the interpretation of claims. A
Markman hearing may encourage settlement, since the judge's claim
construction finding can indicate a likely outcome for the patent
infringement case as a whole. Markman hearings are before a judge,
and generally take place before trial. A Markman hearing may occur
before the close of discovery, along with a motion for preliminary
injunction, or at the end of discovery, in relation to a motion for
summary judgment. A Markman hearing may also be held after the
trial begins, but before jury selection.
The evidence considered in a Markman hearing falls into two
categories: intrinsic and extrinsic. Intrinsic evidence consists of
the patent documentation and any prosecution history of the patent.
Extrinsic evidence is testimony, expert opinion, or other unwritten
sources; extrinsic evidence may not contradict intrinsic evidence.
source: wikipedia.
Like claim construction, summary judgments are decided as a
matter of law. The text of Rule 56(c) restricts the grant of
summary judgment to situations where there are "no genuine issues
of material fact" and the moving party is entitled to judgment as a
"matter of law." The familiarity of this procedural mantra of Rule
56 should not prevent its simplicity. A movant only obtains summary
judgment where it is entitled to prevail on the existing law and
there are no major factual issues. source: A
DONALD S. CHISUM, CHISUM ON PATENTS
For information on SmartMetric and its technology please go to
www.smartmetric.com. For information on the SmartMetric™
MedicalKeyring™ please go to www.medicalkeyring.com
About SmartMetric, Inc. SmartMetric Inc.
is a technology that designs, engineers its advanced products
utilizing the company's expertise in miniaturizing electronics. The
company has developed miniature fingerprint self powered
fingerprint scanners and readers that are at the center of
SmartMetric Inc.'s key ring and credit and identity card products.
For more information please visit us at 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.
SmartMetric™ and MedicalKeyring™ are trademarks of SmartMetric,
Inc. (OTCQB: SMME)
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Contact: Investor Relations: Jens Dalsgard
ConstellationAA.com 775.771.5808 office SmartMetric, Inc. Ms. Chaya
C. Hendrick President & CEO Office: 786.294.6000 Direct:
786.269.2238 Email: ceo@smartmetric.com
SmartMetric (PK) (USOTC:SMME)
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