November 11, 2003 - E-Pass McLean

E-Pass Sues VISA

On October 22, 2003, E-PASS TECHNOLOGIES, INC. filed a patent infringement action against VISA International and VISA USA in Federal Court in Oakland, California. 

The complaint states that VISA personnel, including then Vice-President of Product Development, Susan Gordon-Lathrop, met with Mr. Hardy Hennige, inventor of the E-PASS patents, at VISA headquarters in February of 2000 to discuss Mr. Hennige’s patented ideas for a portable e-commerce device.  During that meeting, Mr. Hennige distributed his patent to the VISA attendees, and discussed his efforts to commercialize his ideas.  According to the complaint, once the meeting adjourned, Mr. Hennige never heard from VISA.  However, almost one year after Mr. Hennige’s meeting at VISA headquarters, VISA’s Susan Gordon-Lathrop stood onstage at the 2001 Consumer Electronics Show with PALM’s then CEO Carl Yankowski, and demonstrated one of the several E-PASS patented inventions that Mr. Hennige had previously presented to VISA.

VISA’s answer to the complaint is due at the end of this week.

In a related matter, E-PASS’ motion was granted to reactivate its patent litigation against MICROSOFT and COMPAQ in the Federal Court in Houston, Texas, despite defense counsel’s statement that defendants would vigorously oppose reactivation of the case.  The order restoring the case was signed by the U.S. District Court Judge in late October.