Suit Against Micro Imaging Technology Dismissed by Texas Court
March 11 2013 - 8:00AM
Marketwired
Micro Imaging Technology, Inc. (OTCQB: MMTC) announced that on
March 7th the Travis County Texas District Court granted the
Company's motion to dismiss a lawsuit filed by Alpine MIT Partners,
LLC (Alpine) in May 2012.
As previously disclosed by the Company, Alpine filed a civil
action in the Texas District Court alleging that the Company
breached certain provisions of a March 7, 2012 Securities Purchase
Agreement executed with Alpine to sell up to $2.0 million of 7%
Senior Secured five-year Convertible Debentures convertible into
shares of common stock at a conversion rate of $.003 per share. The
purchase and sale of the first $1.0 million Debenture was scheduled
to close on or before April 6, 2012 and was subject to, among other
things, Alpine closing the necessary equity funding to consummate
the transactions. No money was ever received by the Company from
Alpine.
In January 2013, the Company learned that Alpine had also filed
a lien against the Company's patents with the California Secretary
of State under the Uniform Commercial Code in May 2012. On or about
January 29, 2013, the Company filed suit against Alpine in the
Orange County, California Superior Court alleging, among other
claims, that the UCC filing was unauthorized. The lawsuit also
names the managing director and managing member of Alpine as
Defendants and alleges that they made false promises, intentional
misrepresentations and breached the contract which was the subject
of the Texas suit. The Company is seeking damages of $1.6
million.
"We can't be more pleased with the outcome in Texas," stated
Jeffrey Nunez, President of Micro Imaging. "The judge upheld our
position that the Texas court had no jurisdiction over this matter
and dismissed the case against the Company." "Meanwhile," Nunez
concluded, "we intend to vigorously pursue our legal remedies
against Alpine here in the California court and we are very
confident that we will prevail on the merits should this matter go
to trial."
The Company was represented by Julie Springer and Geoff Weisbart
of the Austin, Texas law firm of Weisbart Springer Hayes, LLP.
Nunez also commented "We could not be more pleased with the work
and talents of Ms. Springer and Mr. Weisbart. They did a very fine
job in this case and in court, and we look forward to their support
in the continuation of the pursuit of the Company's legal remedies
against Alpine in California."
About: Micro Imaging Technology, Inc.
Micro Imaging Technology, Inc. is a California-based public company
that is also registered to do business under the name Micro Identification Technologies. MIT has developed
and patented the MIT-1000, a stand-alone, optically-based, software
driven system that can detect pathogenic bacteria and complete an
identification test, after culturing, in less than five (5) minutes
for pennies per test when compared to any other conventional
method. It does not rely on chemical or biological agents,
conventional processing, fluorescent tags, gas chromatography or
DNA analysis. The process requires only clean particle-free water
and a sample of the unknown bacteria. Revenues for all rapid
testing methods exceed $5 billion annually -- with food safety
accounting for over $3.5 billion, which is expected to surpass $4.7
billion by 2015 according to BCC Research. In addition, the
recently passed "New" U.S. Food Safety Bill is expected to further
accelerate the current annual growth rate of 6.6 percent.
You can find more information about our company and about Micro
Identification Technologies™. Please visit our newly enhanced
website at www.micro-identification.com.
This release contains statements that are forward-looking in
nature. Statements that are predictive in nature, that depend upon
or refer to future events or conditions or that include words such
as "expects," "anticipates," "intends," "plans," "believes,"
"estimates," and similar expressions are forward-looking
statements. These statements are made based upon information
available to the Company as of the date of this release, and we
assume no obligation to update any such forward-looking statements.
These statements are not guarantees of future performance and
actual results could differ materially from our current
expectations. Factors that could cause or contribute to such
differences include, but are not limited to dependence on
suppliers; short product life cycles and reductions in unit selling
prices; delays in development or shipment of new products; lack of
market acceptance of our new products or services; inability to
continue to develop competitive new products and services on a
timely basis; introduction of new products or services by major
competitors; our ability to attract and retain qualified employees;
inability to expand our operations to support increased growth; and
declining economic conditions, including a recession. These and
other factors and risks associated with our business are discussed
from time to time within our filings with the Securities and
Exchange Commission, reference MMTC: www.sec.gov.
CONTACT: Jeffrey Nunez President and CEO Email: Email
Contact Web Site: www.micro-identification.com Telephone:
(949) 388-4546
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