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Macau – LT Game keeps patent claim alive

By - 25 July 2013

The patent dispute between SHFL entertainment and LT Game keeps twisting and turning as LT Game maintains that its claim remains alive, despite a ruling last week from the Macau First Instance Court. In Macau, patent infringement is a criminal offence and as such the case was brought by the Public Prosecutions Office, with LT Game’s Jay Chun, an assistant to the proceedings. While SHFL Macau was acquitted of any wrong-doing as part of the criminal case put before the Macau First Instance Court, LT Game maintains that its pending lawsuit relating to its patent claim is still ongoing.

The following is a statement from LT Game sent to G3Newswire 25/7/2013.

On 18 July 2013, the Macau Second Instance Court ruled in favour of Jay Chun and Natural Noble Limited in an appeal filed by Shuffle Master Asia Limited, now known as SHFL Entertainment (Asia) Limited (SHFL Macau). The appeal filed by SHFL Macau pursuant to a decision taken by the Macau First Instance Court in the injunction proceeding case CV1-12-0041-CAO-A that prevented, inter alia, Shuffle Master Asia Limited, a company with registered office in Australia, 1 Sheridan Close, Milperra, New South Wales 2214, of practicing any acts in violation of the Macau registered Patents I/150 and I/380 until a final decision in the principal lawsuit currently pending before the Macau First Instance Court is reached.

The Macau Second Instance Court, consistent with the legal arguments submitted by Mr. Jay Chun and Natural Noble, ruled that SHFL Macau does not have standing to appeal and, as a consequence, such appeal was not admitted on a preliminary review. Accordingly, the same Court did not review the remaining arguments raised by SHFL Macau.

Furthermore, since nothing was referred to by SHFL Macau in relation to the May 2012 MOP$1,000,001.00 bond (caução) to lift the injunction, the Macau Second Instance Court did not analyse any argument on this matter. In practical terms, this means that the bond is likely to be maintained in the First Instance Court of Macau while the principal lawsuit in relation to the violation of the Macau registered Patents I/150 and I/380 is pending.

The criminal case decided by the Macau First Instance Court on 19 July 2013 has nothing to do with and does not have any influence on the decision of the above referenced pending lawsuit.

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