NEW YORK, NY — (Marketwired) — 10/17/13 — SmartMetric, Inc. (OTCQB: SMME) — Speaking today from New York, SmartMetric, Inc. President & CEO Chaya Hendrick said on October 9, 2013: Defendants Visa Inc. and MasterCard International submitted to the Federal District Court a request for dismissal of counterclaims in exchange for a Declaratory Judgment of Invalidity of the “464” issued Patent, owned by SmartMetric, Inc.
The District Court in California ruled yesterday that Visa Inc. and MasterCard International-s counterclaims for Invalidity be dismissed.
This is a win for SmartMetric, Inc. in that the ruling preserves the validity of the “464” patent and that Visa Inc. and MasterCard International have failed in their attempt to have the Court rule it was invalid.
What is now at question is the issue of whether or not Visa Inc. And MasterCard International are in fact infringing the SmartMetric, Inc. Patent. It is legal counsel for SmartMetric-s considered view that the earlier decision by the same Court declaring that Visa Inc. and MasterCard International were not “infringing” the “464” SmartMetric, Inc. patent was based on “appealable error” by the Court. In part, the Court wrongly concluded, in SmartMetric-s view, that the defendants did not infringe because they did not “issue” the alleged infringing “DataCards/SmartCards.” Evidence in support of our contention of infringement by the Defendants was presented including a clear demonstration of the control exercised by Visa Inc. and MasterCard International over the technology.
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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.
MedicalKeyring and SmartMetric are trademarks of SmartMetric, Inc.
Investor Relations:
Jens Dalsgard
ConstellationAA.com
Office: 775.771.5808
SmartMetric, Inc.
Ms. Chaya C. Hendrick
President & CEO
Direct: 786.269.2238
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