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Home Page of NCR vs KAL


NCR v KAL - Ohio Lawsuit is dismissed by Judge

The lawsuit brought by NCR in Ohio against KAL was dismissed by US Magistrate Judge Michael R Merz on the 31st March 2006. The judge agreed with KAL's "motion to dismiss", that the dispute should go to arbitration under UK law as required by the Master License Agreement between NCR and KAL dated December 1998, an agreement that continues to be in force. NCR has issued an appeal to this decision to the US 6th Circuit Court (30th April, 2006).

Lawsuit background

In November 2004, NCR filed a lawsuit against KAL in the Ohio District Court, USA, regarding KAL's new Kalignite Triple-DES Upgrade product for Bank ATMs. KAL considers NCR's lawsuit to be wholly without merit or foundation.

KAL is requesting the dismissal of the entire NCR complaint and to compel arbitration in the UK since most of the alleged actions would have taken place there and all parties involved are resident there.

For the most up to date information regarding KAL's view on the case, we urge you to read KAL's final submission to the court.

(Links to the entire submission history of the case can be found below on this page.)

KAL would like to reassure all our customers and potential customers by asserting the following:

  • The KAL Triple-DES Upgrade product does not contain any NCR software or firmware.
  • We strongly encourage you to challenge any assertions to the contrary that NCR may make to you.
  • KAL believes that the US Banking market will welcome the ability to choose between NCR's Triple-DES upgrade and KAL's Triple-DES Upgrade product.


    Lawsuit Submission History

    Here we have gathered together the entire history (most recent first) of the lawsuit to date. We will continue to add updates as they happen.

  • KAL's Final Response
  • Aravinda Korala's Reply Declaration
  • Exhibit A to Aravinda Korala's Reply
  • Exhibit B to Aravinda Korala's Reply
       
  • NCR's Memorandum in Opp to Def's Mot to Dismiss
  • NCR Memo in Support of Mot to Strike
  • NCR Motion to Strike
  • Exhibit A (Part 1 of 2)
  • Exhibit A (Part 2 of 2)
  • Evans Declaration
  • Ex A to Evans Decl
  • Ex B to Evans Decl
  • Ex C (Part 1) to Evans Decl
  • Ex C (Part 2) to Evans Decl
  • Ex C (Part 3) to Evans Decl
  • Ex C (Part 4) to Evans Decl
  • Ex D to Evans Decl
  • Ex E to Evans Decl
  • Gallagher Declaration
  • Hemmert Declaration
  • Kasper Declaration
  • Ex A to Kasper Decl
  • Ex B to Kasper Decl
  • Walter Declaration
  • Michel Declaration
       
  • KAL's Response to NCR's amended submission
       
  • NCR's Amended Submission
  • Exhibit A (PDF)
  • Exhibit B (PDF)
  • Exhibit C (PDF)
  • Exhibit D (PDF)
  • Exhibit E (PDF)
  • Exhibit F (PDF)
       
  • KAL's Memo to Compel Arbitration
  • Summary of Motion
  • John Salmon Declaration
  • Aravinda Korala Declaration
  • Liberty Toy Inc vs Fred Silber Co, 1998
       
  • Initial NCR Lawsuit

     

     


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