Document Security Systems Announces Ruling in Patent Validity Hearing by Austrian Patent Office
November 20 2009 - 4:30PM
PR Newswire (US)
ROCHESTER, N.Y., Nov. 20 /PRNewswire-FirstCall/ -- Document
Security Systems, Inc. (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 Nullity
Department of the Austrian patent office issued its decision in the
patent invalidity hearing brought by the European Central Bank (the
"ECB") against Document Security Systems, Inc. The Austrian Patent
Office has decided that European Patent No 0455750B1 (the
"Patent"), that was awarded to the Company by the European Patent
Office, has been deemed invalid in Austria due to "added matter".
The judgment is the outcome of a hearing held in Vienna, Austria on
October 14, 2009, and does not affect the validity of the patent in
other European countries. Patrick White, CEO of DSS, commented,
"Interestingly, on the 13th of July 2009 the European Central Bank
published information regarding euro banknote counterfeiting.
According to their report, in the first half of 2009 a total of
413,000 counterfeit euro banknotes were withdrawn from circulation;
this represents an increase of 32% on the number of banknotes
seized in first half of 2008 (312,000). Therefore, the ECB
continues to have rising counterfeiting problems. From our analysis
they are using older outdated technologies such as ineffective
holographs to protect the Euro which the counterfeiters are easily
defeating at an ever increasing rate. We have several new
technologies which are being patented in the United States and
Europe that substantially reduce counterfeiting. This year we have
manufactured over 4 million financial instruments for some of the
largest consumer product companies on the planet with our
technologies and none have been found or reported to be
counterfeited. We welcome working with any interested company or
Central Bank in updating their defenses against counterfeiting".
White further added: "In regards to the Austrian ruling, it's
disappointing but it is somewhat meaningless at this point since it
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." In 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's Patent 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, France, Belgium and Austria
and there are pending validity proceedings in Spain, Italy and
Luxembourg. Thus far, 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. A
rapidly growing security technology company, 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 can be found at its websites:
http://www.documentsecurity.com/, http://www.protectedpaper.com/
and http://www.plasticprintingprofessionals.com/. Safe Harbor
Statement This release contains forward-looking statements
regarding expectations for future financial performance, which
involve uncertainty and risk. It is possible the Company's future
financial performance 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
which the Company 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. Contact: Document
Security Systems, Inc. Shareholder Relations Jody Janson Tel: (585)
232-5440 Email: DATASOURCE: Document Security Systems, Inc.
CONTACT: Jody Janson, Shareholder Relations, Document Security
Systems, Inc., +1-585-232-5440, Web Site:
http://www.documentsecurity.com/
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