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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:
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The KAL Triple-DES Upgrade product does not contain
any NCR software or firmware. |
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We strongly encourage you to challenge any assertions
to the contrary that NCR may make to you. |
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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.
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