Affinity Settles Lawsuit with Ameritrade.COLUMBIA, S.C. -- Affinity Technology Group, Inc. (OTCBB OTCBB See OTC Bulletin Board (OTCBB). :AFFI) announced today that it has reached a settlement with Ameritrade concerning the portion of its lawsuit with Ameritrade that the United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit is a United States court of appeals. The Federal Circuit was created by Congress with passage of the Federal Courts Improvement Act of 1982. The court is headquartered in Washington, D.C., and occupies the Howard T. (the "Appeals Court") remanded back to the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in Columbia, South Carolina Columbia is the state capital and largest city of South Carolina. As of 2006, estimates for the population of the city proper is 122,819[1]. Columbia is the county seat of Richland County, but a small portion of the city extends into Lexington County. (the "District Court"). The specific terms of the settlement agreement were not disclosed due to the confidentially terms of the agreement. Joe Boyle, Chairman, President and Chief Executive Officer of Affinity, stated, "As we announced in May, the Appeals Court vacated in part and remanded in part our patent lawsuit with Ameritrade. We have settled the portion of our lawsuit with Ameritrade which the Appeals Court remanded back to the District Court. Although the financial terms of the agreement are subject to a confidentiality agreement, we believe these terms are consistent with the significantly reduced scope of our financial account patent that we have previously discussed and our expectations resulting from the recent rulings of the Appeals Court." About Affinity Technology Group, Inc. Through its subsidiary, decisioning.com, Inc., Affinity Technology Group, Inc. owns a portfolio of patents that covers the automated processing and establishment of loans, financial accounts and credit accounts through a remote interface, as applicable. Affinity's patent portfolio includes U. S. Patent No. 5,870,721C1, No. 5,940,811C1, and No. 6,105,007C1. Forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. in this news release are made pursuant to the safe harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. Affinity cannot offer any assurances that the value of its patents and business will not be permanently and materially limited by the adverse ruling of the Appeals Court referred to above. Moreover, the Company's cash resources are nearing exhaustion, and it can provide no assurances that it will have or be able to secure the cash resources to pursue further legal remedies concerning the enforcement of its patents through continued litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. and/or through further appeals to the Supreme Court of the United States Supreme Court of the United States Final court of appeal in the U.S. judicial system and final interpreter of the Constitution of the United States. The Supreme Court was created by the Constitutional Convention of 1787 as the head of a federal court system, though it was concerning the Appeals Court's construction of the term "remote interface." Further, the Company can provide no assurances that it would be successful in obtaining a favorable construction of the term "remote interface" even if it were able to secure a hearing by the Supreme Court. Investors are cautioned that the Company's business is subject to several substantial risks and uncertainties, including the results of ongoing litigation, including the Appeals Court ruling referred to above, which, combined with the Company's very limited capital resources may make it difficult or impossible to raise additional capital in amounts sufficient to permit it to continue operations or pursue further legal options for vindicating its patent claims; the risk that the Company may further lose all or part of the claims covered by its patents as a result of challenges to its patents; the risk that its patents may be subject to additional reexamination re·ex·am·ine also re-ex·am·ine tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines 1. To examine again or anew; review. 2. Law To question (a witness) again after cross-examination. by the U.S. Patent and Trademark Office or challenge by third parties; and, unanticipated costs and expenses affecting the Company's cash position. Additionally, the Company does not have the cash resources to pay the judgment resulting from the Temple Ligon litigation or to repay outstanding amounts under its outstanding convertible notes that mature in August and September 2008. If the Company is unable to raise additional capital in a very short period of time or resolve or postpone the judgment in the Temple Ligon matter and its obligations under its convertible notes in a manner which will alleviate the payment of more than an insignificant amount of cash in the near term, it would be forced to consider alternatives for winding down its business, which may include offering its patents for sale or filing for bankruptcy protection. These and other factors that may cause actual results to differ materially from those expressed or implied in any forward-looking statements are discussed in greater detail in the Company's Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for the year ended December 31, 2007, its Quarterly Report on Form 10-Q Form 10-Q See 10-Q. for the quarter ended March 31, 2008 and other filings Affinity makes with the Securities and Exchange Commission from time to time. The Company is not responsible for updating the information contained in this press release beyond the publication date, or for changes made to this document by wire services or Internet Services. |
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