DataTreasury Wins Major Round In High-Dollar Patent Case; Judge Fully Rules against JPMorgan Chase and Other Defendants

Business Wire, Feb 23, 2004

Business Editors/High-Tech Writers

MELVILLE, N.Y.--(BUSINESS WIRE)--Feb. 23, 2004

DataTreasury Corporation today announced a major victory in its legal battle against defendants JPMorgan Chase (including Bank One upon completion of the merger), Ingenico, First Data and other Defendants which DataTreasury alleges infringes on its patented technology.

The Court ruled in favor of DataTreasury in all 15 disputed claims in a claims construction hearing in the U.S. District Court, Eastern Division of Texas, Texarkana Division.

This important ruling recognizes the broad scope of claim coverage DataTreasury sought in prosecuting U.S. Patent No. 5,910,988 and U.S. Patent No. 6,032,137, before the U.S. Patent & Trademark Office. Additionally, several countries have recognized the patentability of the technology covered in the patents.

"We are proud that Claudio Ballard, the company's founder and inventor of the patented technology, and DataTreasury are finally receiving justice," said lead attorney Ed Hohn of the law firm Nix, Patterson & Roach. "All of these Defendants proceeded to use the technology illegally, profiting in the process." Moreover, Hohn also alleges that defendant JPMorgan Chase met with Mr. Ballard confidentially, and "continues to blatantly and willfully infringe the patents. This will subject them to an exposure of treble damages."

DataTreasury Patent Counsel Rod Cooper added: "This represents a major victory for DataTreasury and Claudio Ballard because in effect, the Court continues to recognize the broad claim language that DataTreasury achieved from the Patent Office. This win is a substantial step for DataTreasury to recover its due compensation from the infringing activities of JPMorgan Chase and other Defendants."

Last summer, DataTreasury announced victories in similar lawsuits against Canadian-based RDM Corp. and Dallas-based Affiliated Computer Services (ACS). The settlement with RDM allowed the company to obtain a nonexclusive worldwide license for the use of DataTreasury's technology. ACS agreed to a permanent injunction barring the use by ACS of DataTreasury's patented remote image capturing and storage technology. The permanent injunction against ACS expressly recites that the electronic archive project, part of a joint venture between JPMorgan Chase and ACS, was covered by the DataTreasury patents.

DataTreasury, a privately owned company, was formed in 1998 and is built around its patents covering its "Global Repository Platform," which is the world's most functional and secure informational management system. DataTreasury was issued the patents in 1999 and 2000 for image capture, centralized processing and electronic storage of document and check information.

For a copy of the court order, please contact Judi@shipleyassociates.net