Shuffle Master appealed the District Court of Nevada’s last February 1, order granting summary judgment to VendingData Corporation, now known as Elixir Gaming Technologies, in regard to Shuffle Master’s claims of patent infringement against VendingData’s Poker-1 shuffler.
The court has not yet ruled on Shuffle Master’s separate summary judgment motion requesting the return of a USD 3 million deposit the company was compelled to make with the court in November 2004 when a preliminary injunction against VendingData’s Poker-1 was granted.
Mark L. Yoseloff, Ph.D., Shuffle Master Chairman and CEO, commented: „We are disappointed in and respectfully disagree with the court’s ruling and believe that it will be reversed on appeal. Further, we believe that the commercial viability of the Poker-1 is questionable given its failure to sustain any significant viable installations in commercial casinos worldwide since the preliminary injunction was lifted”.
”Therefore, we do not believe that VendingData is entitled to any part of the USD 3 million deposit as claimed. The issue of actual damages, if any, resulting from the several months during which the original preliminary injunction was in effect, has not been determined. It is our opinion, given the relatively few Poker-1 installations which have occurred in the three years since the injunction was lifted, the damages awarded, if any, will be minimal,“ he concluded.