SOURCE: SmartMetric, Inc.

SmartMetric, Inc.

October 17, 2013 11:03 ET

Visa & MasterCard Fail in Seeking to Invalidate the SmartMetric "464" Patent

The Federal District Court in California Dismissed Defendants Counterclaims Including a Motion to Have the SmartMetric Patent Declared Invalid

NEW YORK, NY--(Marketwired - Oct 17, 2013) - 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.

"SmartMetric, Inc. welcomed the Court ruling yesterday in dismissing the attempt to invalidate our Patent by the Defendants and is looking forward to a very positive legal outcome of this matter as it moves forward in the Courts," said the company President Chaya Hendrick today.

For further information on SmartMetric and its technology please go to For information on the SmartMetric™ MedicalKeyring™ please go to

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.

MedicalKeyring™ and SmartMetric™ are trademarks of SmartMetric, Inc.

Contact Information

  • Contact Information

    Investor Relations:
    Jens Dalsgard
    Office: 775.771.5808

    SmartMetric, Inc.
    Ms. Chaya C. Hendrick
    President & CEO
    Direct: 786.269.2238