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Re: Mattski post# 4919

Sunday, 05/04/2014 12:19:30 PM

Sunday, May 04, 2014 12:19:30 PM

Post# of 20141
Mattski...My point is this: Give up a portion of the company; dilute the investment of all shareholders OR wait a couple of months and see where the litigation goes.
To my point again: V/MC argued the patent was invalid therefore for their use of it they should pay no royalties. The last judge ruled against this defense. He ruled the patent was valid--WE, CHAYA, THE LEGAL TEAM WAS CORRECT IN THEIR PROSECUTION CLAIM. Why did we receive no money?? The judge ruled that V/MC, though using the patent in their network, V/MC did not control HOW the card used the system. That responsibility/liability fell to someone else.
To the Appeals Court: V/MC now have to change their defense. Our #1 legal team believes strongly that V/MC in their earlier testimony have already admitted they control HOW the card works. A sure win??--No A rather better than 50/50 win??--Sure seems like it to me and I would risk two months of waiting time to see the results. Risk/reward, I think, seems to favor waiting.
If we win, as was stated in earlier releases, there is NO more appeal available to the case. If (when) we win and the court announces the amount of damages they are required to pay up in a rather short amount of time--detail escape me. ALSO, they may appeal the AMOUNT of damages awarded, I believe, but they are still required to make a significant deposit of the award. To the point of your customers--I trust they are not under court order to pay.
Realize, too, that if there is no out of court settlement before the judgment is made the court MAY award punitive damages IN ADDITION TO the actual damage award. This can be up to 3 (three) times the damage award. FOR EXAMPLE: We are awarded $3 Billion for damages and an ADDITIONAL $3 Billion or $9 Billion for punishment.

WORTH THE WAIT???
Why V/MC have not listed this litigation in their reports to their shareholders is an enigma to me. The fact that they are in court, I thought, would have required them to report it--not their belief that there defense was accurate and correct.

Finally, one of the recent PR's I believe mentioned SMME was in contact with banks around the world for use of the card. Difficult for me to believe MC/V would be in a lawsuit with us and at the same time discussions with us for the use of our product. Know, too, that the EMV card has been in use around the world for YEARS... and only recently in use in the USA. We are slow to use new technology...

See you at the party...
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