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| SMME > SEC Filings for SMME > Form 8-K on 5-Dec-2012 | All Recent SEC Filings |
5-Dec-2012
Other Events, Financial Statements and Exhibits
On August 29, 2011, Smartmetric, Inc. (the "Company") the Company filed a complaint in the United States District Court, Central District of California (the "Court"), Case No. 2: 11-cv-07126-MWF-FMO, against Mastercard International, Inc. ("MasterCard") and Visa, Inc. ("Visa" and collectively with Mastercard, the "Defendants") alleging patent infringement on the Company's patent, U.S. Patent 6,792,464 (the " '464 Patent"). The Company is seeking the following relief from MasterCard and Visa:
1. For an order pursuant to 35 U.S.C. section 271 declaring that both
MasterCard and Visa have infringed one or more claims of the '464 Patent;
2. A preliminary and permanent injunction against both MasterCard and Visa
prohibiting each of them from further infringement of the '464 Patent;
3. An award of actual damages the Company has suffered by reason of the
infringement charged in the complaint in an amount not less than a
reasonable royalty on both MasterCard's and Visa's infringement of the '464
Patent:
4. An award to the Company of its costs; and
5. Such other relief as the Court may deem just and proper.
On December 3, 2012, the Court (i) vacated the hearing set for December 5, 2012,
(ii) denied without prejudice Defendants' motion for entry of a proposed
protective order against the Company in connection with discovery since the
Defendants failed to establish good cause and specify the significant harm they
will suffer to their competitive and financial position if the requested
protective order is not entered and (iii) set forth standards that the parties
should take into consideration in the event they decide to submit another
protective order. The parties had agreed upon all but one provision of the
proposed protective order, which provision related to whether the Company's
chief executive officer should have access to Defendants' confidential
information.
The foregoing information is a summary of the order described above, is not complete, and is qualified in its entirety by reference to the full text of such order, a copy of which is attached as an exhibit to this Current Report on Form 8-K. Readers should review such order for a complete understanding of the decision made by the Court.
(d) Exhibits
99.1 Order Denying Defandants' Proposed Protective Order, filed December 3, 2012 in the United States District Court, Central District of California.
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