Visa and MasterCard have been in court to fight the EMV patent litigation they face from SmartMetric, Inc.
SmartMetric is the owner of an issued United States Patent & Trademark Office patent
Patent Litigation Defendants, MasterCard and Visa, Have Filed Their Joint Brief in the United States Federal Circuit Court
referred to as the “464” patent in the SmartMetric infringement law suit brought by SmartMetric against defendants Visa Inc. and MasterCard International covering the use of cards (EMV Cards) that are used to make connections to a network after insertion into a card reader.
Some millions of EMV cards have already been issued in the United States as part of the ongoing EMV adoption and rollout throughout the USA, directed by the payment card organizations. In representations to the District Court, Visa Inc. and MasterCard International have denied control of the claimed EMV card technology and therefore are not infringing parties of the SmartMetric patent.
This is even in the light of representations under oath by both card companies’ expert witnesses during deposition that the card companies do exercise control. The question of control by the defendants is now before the Federal Circuit Court with SmartMetric filing its motions including a motion to make a finding of infringement against both Visa Inc. and MasterCard International.
SmartMetric has also asked the Federal Circuit Court to rule on SmartMetric’s claim of 25% of the economic benefit flowing from the claimed infringing use of EMV cards in the United States, today said SmartMetric, Inc. President & CEO Chaya Hendrick.
SmartMetric is not a patent assertion entity. The company is a technology company and developer of an in-card biometric fingerprint reader that is used to activate the card’s EMV chip and is pressing its patent infringement case against the defendants in order to protect its rights under its issued patent.
“This is an important case of a small inventor and patent holder protecting its intellectual property rights against global corporate giants,” stated Chaya Hendrick. SmartMetric in earlier court filings is seeking $13.4 Billion against the defendants.
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