Document Security Systems Announces Ruling in Patent Validity Lawsuit by Belgium Court
November 03 2009 - 5:46PM
PR Newswire (US)
ROCHESTER, N.Y., Nov. 3 /PRNewswire-FirstCall/ -- Document Security
Systems, Inc. (NYSE Amex: DMC) ("DSS"), a world leader in the
development and manufacturing of optical deterrent and
authentication technologies that secure electronic data and help
prevent counterfeiting and brand fraud from the use of desktop
scanners and copiers in the market reported today that the Belgium
court issued its decision in the patent invalidity lawsuit brought
by the European Central Bank (the "ECB") against Document Security
Systems, Inc. The Belgium Court has ruled that European Patent No
0455750B1 (the "Patent"), that was awarded to DSS by the European
Patent Office, has been deemed invalid in Belgium due to "added
matter". The judgment is the outcome of a hearing held in Brussels,
Belgium on September 4, 2009, and does not affect the validity of
the patent in other European countries. Patrick White, Chairman and
CEO of DSS, commented, "This Belgian ruling does not deter us from
an aggressive stance in Germany and the Netherlands, where the
Patent has been declared valid. Our victories in Germany (home of
the ECB) and the Netherlands are really all the 'wins' we need as
it has given Document Security Systems and our litigation partner,
Trebuchet Capital Partners LLC the ability to move forward on
infringement lawsuits that seek real monetary damages for the
unauthorized use of our patent. In addition, there is no monetary
impact on DSS from this decision as a result of the cost agreement
we made with Trebuchet announced on August 21, 2008." Robert T.
Girards, Managing Director of Trebuchet Capital Partners, LLC
("Trebuchet") also stated: "Trebuchet has vigorously defended
challenges to the validity of the patents and appealed invalidity
determinations when warranted or appropriate. Trebuchet is
methodically and aggressively exploring how best to enforce the
patents against infringers, including litigation strategies to
recover past damages for infringement and to obtain royalties for
future use of the technologies which are the subject of the
patents. " On August 1, 2005, DSS filed a patent infringement suit
in the European Court of First Instance ("CFI") against the
European Central Bank ("ECB") alleging that the Euro banknotes
produced by the ECB infringe DSS' In March 2006, the ECB initiated
proceedings to invalidate the European Patent. To date, the Patent
has been validated in Germany and the Netherlands and invalidated
in the United Kingdom and France. The determinations in Germany,
The Netherlands and France are subject to appeal. The CFI ruled on
September 5, 2007 that it was not the correct venue for
infringement proceedings, which allows for country-by-country
infringement litigation. About Document Security Systems, Inc.
Document Security Systems is a world leader in the development of
optical deterrent technologies that help prevent counterfeiting and
brand fraud from the use of the most advanced scanners, copiers and
imaging systems in the market. The company's patented and
patent-pending technologies protect valuable documents and printed
products from counterfeiters and identity thieves. Document
Security Systems' customers, which include international
governments, major corporations and world financial institutions,
use its covert and overt technologies to protect a number of
applications including, but not limited to, currency, vital
records, brand protection, ID Cards, internet commerce, passports
and gift certificates. Document Security Systems' strategy is to
become the world's leading producer of cutting-edge security
technologies for paper, plastic and electronically generated
printed assets. More information about Document Security Systems,
Inc. can be found at http://www.documentsecurity.com/ and
http://www.plasticprintingprofessionals.com/,
http://www.protectedpaper.com/, and http://www.dpirochester.com/
Safe Harbor Statement The statements contained in this press
release that are not purely historical are forward-looking
statements within the meaning of Section 27A of the Securities Act
of 1933, as amended and Section 21E of the Securities Exchange Act
of 1934, as amended, and are intended to be covered by the safe
harbors created thereby. These forward-looking statements include,
but are not limited to, statements regarding monetary damages for
the unauthorized use of patent, and/or statements preceded by,
followed by or that include the words "believes," "could,"
"expects," "anticipates," "estimates," "intends," "plans,"
"projects," "seeks," or similar expressions, all of which involve
uncertainty and risk. Many of these risks and uncertainties are
discussed in the Company's Annual Report on Form 10-K for the
fiscal year ended December 31, 2008 filed with the Securities and
Exchange Commission (the "SEC"), and in any subsequent reports
filed with the SEC, all of which are available at the SEC's website
at http://www.sec.gov/. It is possible the Company's performance in
these matters may differ from expectations due to a variety of
factors including, but not limited to, changes in economic and
business conditions in the world, increased competitive activity,
achieving sales levels to fulfill revenue expectations,
consolidation among its competitors and customers, technology
advancements, unexpected costs and charges, adequate funding for
plans, changes in interest and foreign exchange rates, regulatory
and other approvals and failure to implement all plans, for
whatever reason. It is not possible to foresee or identify all such
factors. Any forward-looking statements in this report are based on
current conditions; expected future developments and other factors
it believes are appropriate in the circumstances. Prospective
investors are cautioned that such statements are not a guarantee of
future performance and actual results or developments may differ
materially from those projected. The Company makes no commitment to
update any forward-looking statement included herein, or disclose
any facts, events or circumstances that may affect the accuracy of
any forward-looking statement. For information contact: Contact:
Jody Jansen Company: Document Security Systems, Inc. Title:
Shareholder Relations Voice: 585-232-5440 DATASOURCE: Document
Security Systems, Inc. CONTACT: Jody Jansen, Shareholder Relations
of Document Security Systems, Inc., +1-585-232-5440 Web Site:
http://www.documentsecurity.com/
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