Catuity Comments On Lawsuit in Filings With Australian Stock Exchange and U.S. SEC.Business Editors DETROIT--(BUSINESS WIRE)--May 17, 2001 Catuity, Inc. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on : CTTY CTTY Control Teletype CTTY Console Teletype ; ASX ASX See: Australian Stock Exchange : CAT) has been advised that the judge in the legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies. between Welcome Real Time (WRT WRT - with regard to, with respect to. ) and Catuity in the Federal Court of Australia The Federal Court of Australia is the Australian court in which most civil disputes, and some summary criminal matters, governed by federal law are decided. Cases are heard at first instance by single Judges. will release his written opinion tomorrow, Friday May 18, 2001 Sydney time. Catuity has been advised that some elements of its submission have not been accepted by the Court, but Catuity at this time, has not received any information from the Court that provides a basis for the claims made by WRT in its press release earlier today. Catuity does not expect to be able to comment until at least Monday May 21, 2001 and until it's legal advisors have had time to review the opinion. Catuity considered applying for a voluntary halt of trading in its shares on both the Nasdaq and ASX pending its review of the judgment, but decided that a voluntary halt of trading is not warranted. The Company believes that whatever the judgment involves will have limited impact on its primary business for the reasons below. (1) The case involves only Australia and has does not relate to the American market, (2) WRT has not obtained a similar patent grant in America, (3) Catuity's business focus is the American market and Catuity's major relationships are with the leading providers of the payment infrastructure in America and its primary customers are in America. (4) Catuity believes the American market will set the international standards for the integration of loyalty programs with payment and that the release of draft standards later this year will provide a mechanism to resolve all patent issues related to smart cards Example of widely used contactless smart cards are Hong Kong's Octopus card, Paris' Calypso/Navigo card and Lisbon' LisboaViva card, which predate the ISO/IEC 14443 standard. The following tables list smart cards used for public transportation and other electronic purse applications. (5) The patent issue appears to only involve smart cards and not magnetic stripe cards (6) Even in the broadest interpretation of the WRT patent, it places few or no restraints on the operation of the Catuity system (7) Catuity has a number of patents pending that will impact the market if granted (8) Catuity believes patent action by patentees is a spoiling action that may slow the market but will not stop the market or the Catuity product from being implemented by customers (9) There are a number of patents issued, some or all which may impact Catuity, WRT and other market participants, but none of these patents will stop the development of standards or the ultimate roll-out of smart card loyalty programs Catuity will release a statement when its legal advisors have completed their review of the judgement. Catuity believes that, irrespective of irrespective of prep. Without consideration of; regardless of. irrespective of preposition despite the judgment and its reasons, there may be an appeal, which must be filed within 21 days. Catuity will advise when and if any appeal is filed. About Catuity, Inc. Catuity (www.catuity.com) is a leading provider of loyalty software systems. The Catuity software includes an integrated suite of applications that provide loyalty, ticketing, access control, and membership. The Catuity Loyalty System is ubiquitous in that it can operate on any device, any card program, and with any payment process, including stored value, smart cards and wireless applications. Catuity unites the brick-and-mortar retailer with the Internet to enable cross-sell capabilities with consistent brand imaging across all channels. In conjunction with the provisions of 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. " section 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, this release may contain forward-looking statements pertaining to future anticipated projected plans, performance and developments, as well as other statements relating to future operations. All such forward-looking statements are necessarily only estimates of future results and there can be no assurance that actual results will not materially differ from expectations. Further information on potential factors that could affect Catuity, Inc. is included in the Company's 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. , which is filed with the U.S. Securities & Exchange Commission. |
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