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To: t.gawarecki who wrote (256)1/20/1999 1:29:00 PM
From: Steve Hayden  Read Replies (1) | Respond to of 1877
 
Does anyone know the potential impact of this ongoing litigation?

Thanks

NEW YORK, NY, DECEMBER 1, 1998 - In its patent infringement action brought against Symbol Technologies, inc. (NYSE:SBL) and the Tracker Corporation of America (OTC:TRKR), Datastrip (IOM) Limited announced today that the United States District Court for the District of Delaware had denied Defendants motion to transfer the action to the Eastern District of New York. The Court concluded that "the balance of both the private and public interests weigh in favour of deferring to Plaintiff's original choice of forum rather than transferring venue to the Eastern District of New York".

Previously, the Court had denied Symbol's motion for separate trials on liability and damages, and Symbol had agreed to drop certain affirmative defences and counterclaims against Datastrip (IOM) Limited alleging inequitable conduct or fraud.

The case is currently scheduled to go to trial in April 1999 according to Datastrip (IOM) Limited, which said it looked forward to the trial phase of the case.

On February 21 1997, Datastrip (IOM) Limited brought an action for patent infringement under the Patent Laws of the United States in U.S. District Court for the District of Delaware (Civil Action No 97-70) against Symbol Technologies and Tracker Corporation of America for misappropriating Datastrips breakthrough invention on two-dimensional bar codes. That invention was granted U.S. Patent No. 4,782,221 in 1988.

Datastrip (IOM) Limited is a privately-held Isle of Man based company engaged in the business of designing, manufacturing and selling optical scanners with screens, that read printed bar codes and transmit for use or for further processing the encoded information. Datastrips patented products would allow, for example, the addition of bar code labels to drivers licences, ID cards, medical cards and the like, to provide compact information, high security and prevent forgery or alteration.