SmartMetric Inc (SMME)

[Latenightmike57]

SMME HAS NOTHING !! AND NO CASE !!
the Court finds that the following facts are uncontroverted and
makes the conclusions of law set forth below.
STATEMENT OF UNCONTROVERTED FACTS
A. SmartMetric and Its Business
1 SmartMetric does not claim to have any products that
compete with Defendants’ accused payment systems.
Melnik Decl. ¶¶ 7,
9, Ex. 1 at 59:20-
60:1, 91:13-17,
98:6-12, 100:11-
101:1, 105:22-
106:18; Ex. 3 at
4; Melnik Decl. ¶
12, Ex. 6 at 14-15.
2 SmartMetric has never sold any products, has never had
any revenues, and concedes that it has no share of the
market for payment systems.
Melnik Decl. ¶ 7,
Ex. 1 at 87:15-16,
125:2-15, 128:3-
20, 193:2-20.
B. History of Discovery Regarding Damages and Injunctive Relief
3 SmartMetric stated in its initial disclosures that “No
damages computation has yet been made,” and never
updated its disclosures.

2. Because SmartMetric has never sold any products, has no products that
compete with the accused systems, and has no revenues or market share, it cannot
demonstrate irreparable harm to warrant injunctive relief, .