1. The ‘774 Patent: e.Digital contends that the Order construes certain aspects of the “sole memory” limitation of the ‘774 Patent, and although e.Digital disputes the Court’s construction, it is prepared to stipulate to non-infringement of the asserted claims of the ‘774 Patent with respect to the accused products offered by the Defendants identified in Exhibit A.

Recent Appeal case of bulletin board stock vs AmericanExpress!

SmartMetric to Move Forward With Appeal Based on Wrongful Definitions of Its Patent Infringement Case Against American Express

Tuesday, June 21, 2011 9:20 AM

(Source: MARKETWIRE)SmartMetric, Inc. (OTCBB: SMME), President & CEO C. Hendrick, announced today that the company has stipulated in a joint stipulation with American Express to the withdrawal of its Patent Infringement Law Suit against American Express.

The withdrawal of this is based on definition handed down by the U.S. District Judge Jacqueline H. Nguyen in a ruling of patent definition one month ago.

SmartMetric, Inc. is filing an appeal against what it believes to be erroneous definition and limitations placed on the SmartMetric patent by wrongful interpretation and are confident that the Court's earlier rulings on definition and the adding of its own definition and restriction will be overturned on appeal.

The company is looking forward to moving forward with its lawsuit against American Express for Patent Infringement once its appeal on definition is dealt with by the Court of Appeal.

About the SmartMetric:

The SmartMetric, Biometric Card Computer provides powerful computing with large memory capacity in a revolutionary size that has taken more than 10 years of research and development. Using the latest in sub micro technology electronics, the company has achieved a level of miniaturization that allows it to release a solution of portable computing power that combined with SmartMetric's biometric fingerprint in-card scanning technology, is so revolutionary it will change the way business is done and information is handled across a broad range of industries. For further information please go to the company website: www.smartmetric.com