UK Legal Action against ActivIdentity
11 Januar 2010 - 8:00AM
UK Regulatory
TIDMIGP
RNS Number : 3015F
Intercede Group PLC
11 January 2010
11 January 2010
Intercede Group plc
("Intercede" or the "Company")
Intercede Initiates UK Legal Action against ActivIdentity
Intercede seeks Court Declaration of Non-Infringement and Asserts Patent Invalid
Highlights:
* Intercede seeks a declaration from UK High Court that its software products do
not infringe ActivIdentity patent EP(UK)0 981 803
* Intercede challenges validity of ActivIdentity patent EP(UK)0 981 803
* This is the UK counterpart to US patent 6,575,360 which is subject to a
previously announced law suit in the Northern District of California
* Intercede's legal team and insurers are sufficiently confident in the strength
of the case that they have underwritten legal costs in the UK litigation
London, United Kingdom (PRWEB) 11 January 2010 - Intercede announces that on 22
December 2009 it issued proceedings against ActivIdentity in the UK High Court
in London. These proceedings request the Court to rule ActivIdentity's patent EP
(UK) 0 981 803 invalid and/or to make a binding declaration that Intercede's
MyID software products do not infringe this patent.
Intercede has adopted an innovative approach to significantly reduce its own
financial exposure in this UK litigation. Firstly, it has engaged Forsyth
Simpson Solicitors, a London-based firm of specialist intellectual property and
patent lawyers, on a Conditional Fee Agreement (often called a "No Win No Fee"
agreement). Having considered Intercede's case on the ActivIdentity patent, this
firm has agreed to work for a reduced rate in return for an "uplift" on their
fees in the event that Intercede wins its case. A benefit of this approach is
that it minimises Intercede's short-term costs and if Intercede
succeeds, ActivIdentity would normally be ordered by the Court to pay these fees
and the uplift.
Secondly, Intercede has secured 'After the Event' Insurance from a leading
insurance provider to underwrite the risk of Intercede losing its case. In this
circumstance, the insurance policy is intended to cover any costs, up to a
specified maximum limit, that the Court may order Intercede to pay to
ActivIdentity. Payment of the premium for this insurance is contingent upon the
outcome of the case. This means that if Intercede loses the case, Intercede pay
no premium to the insurers. Conversely, if Intercede win the case, ActivIdentity
would normally be required by the Court to pay the insurance premium.
Richard Parris, Intercede's Chairman and Chief Executive, said, "In the light of
the on-going US litigation, the Intercede Board believe it is important to give
our European customers confidence that none of our products infringe
ActivIdentity's '803 patent and that, in any case, the '803 patent is invalid.
We believe that this is best achieved by pursuing a robust course of action
through the UK High Court. The very fact that we have been able to secure a
Conditional Fee Agreement and After the Event Insurance not only protects the
company but gives us confidence in the correctness of our position".
About Intercede
Intercede is the producer of the MyID Identity and Credential Management System
(IDCMS). Intercede's MyID is the only IDCMS software product that enables
organizations to easily and securely manage the identities of people and their
associated identity credentials within a single, integrated, workflow driven
platform. This includes enabling and managing: secure registration, biometric
capture, application vetting and approval through to smart card personalisation,
issuance and management.
Intercede's MyID is being used around the world by large corporations,
governments and banks to manage millions of identities for employees, citizens
and customers. Notable deployments in the US include 10 Federal Agencies, a
program with Lockheed Martin and two major US financial institutions. In Europe
and the Middle East, Intercede's MyID is being deployed in support of government
identity, health and corporate employee ID security projects.
For more information visit http://www.intercede.com
###
ENQUIRIES
Intercede Group plc
Richard Parris, Chairman & Chief Executive
Andrew Walker, Finance Director
Tel. +44 (0)1455 558111
FinnCap
Clive Carver /Charles Cunningham - Corporate Finance
Joanna Weaving - Corporate Broking
Tel. +44 (0)20 7600 1658
Pelham Public Relations
Archie Berens
Tel. +44 (0)20 7337 1509
This information is provided by RNS
The company news service from the London Stock Exchange
END
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