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To: steve who wrote (25709)3/29/2004 9:17:25 PM
From: steve  Read Replies (1) | Respond to of 26039
 
Pay By Touch Loses Motion to Dismiss in $20 Million Patent Infringement Lawsuit

SAN FRANCISCO, March 29 /PRNewswire/ -- Pay By Touch (or PayByTouch,
formerly Solidus and Indivos) of San Francisco, CA has lost its major motion
to dismiss in the $20 Million patent infringement lawsuit filed against Pay By
Touch by plaintiff Excel Innovations, Inc. of San Jose, CA. The lawsuit,
pending in San Francisco Federal Court, Northern District of California and
expected to reach trial in late 2004 or early 2005, cites Pay By Touch for
infringing 18 United States Patents and seeks damages in excess of $20
Million. Excel further cites Pay By Touch for willful infringement, exposing
Pay By Touch to liability for treble damages of more than $60 Million.
The lawsuit is being closely watched by the financial and retail
industries, as consumers have shown growing interest in the "tokenless
biometric payment system" at issue in the case. Additionally, the lawsuit
provides public notice to retailers and distributors that participating with
Pay By Touch exposes these companies to significant financial liability for
contributory infringement.
The patents cover financial transactions by which customers can pay for
products and services using only their biometric, such as a fingerprint or
voiceprint, to authorize a purchase or financial exchange, without the need
for a token, such as a smart card or magnetic stripe card.
Tokenless biometric payments have gained appeal with national retailers
and the financial industry, benefiting from diminished smart card usage,
increased adoption of biometrics, and the retail industry's search for new
ways to migrate consumers from cash and checks to lower-cost, more secure
electronic payment methods.
More information on this lawsuit is available to the public online at
ecf.cand.uscourts.gov, reference Civil Case Number 03-3125, Federal Court,
California Northern District, San Francisco.

prnewswire.com

steve