IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No. 92042508
`
`Registration No. 2,625,969
`INDIVIO
`
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`INDIVOS CORPORATION,
`
`Petitioner,
`
`V-
`
`ELECTRO CHECK, INC.,
`Respondent.
`
`RESPONDENT ELECTRO CHECK INC.’S STATEMENT OF MATERIAL FACTS NOT
`
`IN DISPUTE
`
`Pursuant to Federal Rule of Civil Procedure 56, Respondent Electro Check, Inc. (“Electro
`
`Check”), by and through the undersigned counsel, submits its Statements of Material Facts Not
`
`in Dispute in support of its Motion for Summary Judgment as to Petitioner Indivos Corporation’s
`
`Petition for Cancellation.
`
`1.
`
`Respondent Electro Check, Inc. is a Virginia corporation engaged in the business
`
`of providing biological identification and payment services. Electro Check has conducted that
`
`business continuously since incorporation on April 1, 1997. (A copy of Electro Check’s Articles
`
`of Incorporation and Certificate of Good Standing are attached as 1.)
`
`2.
`
`Petitioner Indivos Corporation is a Delaware corporation engaged in the business
`
`of biometric authentication and payment services, and is a wholly owned subsidiary of Solidus
`
`W:\INTELLECTUALhPROPERTY\BioPay\CancelIation Prcdg\Statemem.Materia|.Facts.doc
`
`1
`
`

`
`
`
`Networks, Inc. (Indivos Petition to Cancel (“Petition”) ll 1, Ex. 2.) Petitioner operates under
`
`the name of Pay By Touch. (Exs. 3a-3d.) (The Internet address www.indivos.corn takes the user
`
`to www.paybflouch.com.) (Declaration of Shauna M. Wertheim, Exs. 3a and 3b.)
`
`3.
`
`On September 24, 2002, the United States Patent and Trademark Office issued a
`
`Certificate of Registration, Reg. No. 2,625,969, to Electro Check for its mark INDIVIO in
`
`International Class 42, which was the subject of its application serial No. 76/040,119. The
`
`application was filed on May 4, 2000. The registered mark is for “providing services for
`
`identifying individuals based upon biological identifiers, namely fingerprints, iris recognition,
`
`facial scans, voice recognition,” in Class 42. (Two copies of the Certificate of Registration are
`
`attached as E_)<._¢1, and pursuant to 37 C.F.R. §2.l22(d)(1), made part of the summary judgment
`
`record.)
`
`4.
`
`Respondent’s registered mark is based upon a first date of use of on or before
`
`December 30, 2001, as stated in its Amendment to Allege Use filed on February 25, 2002.
`
`(Statement of Use and specimens, EL5.)
`
`5.
`
`Respondent’s first date of use is confirmed by the Declaration of Timothy L.
`
`Robinson, President of Electro Check, Inc., attached to this Memorandum as Ei_6_. As Mr.
`
`Robinson’s declaration demonstrates, Electro Check, Inc., owner of the Mark, licensed the mark
`
`to BioPay, LLC, a Virginia limited liability company, in fall 2001, and BioPay caused the Mark
`
`to be used in interstate commerce no later than December 30, 2001. Since authorizing BioPay’s
`
`use of the Mark, Electro Check has regularly policed use of the Mark in all respects.
`
`W:\INTELLECTUAL_PROPERTY\BioPay\Cancellation Prcdg\Statement.MateriaI .Facts.doc
`
`2
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`

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`
`
`6.
`
`Respondent’s first date of use is further confirmed by the declarations of retailers
`
`who first used the services associated with the INDIVIO mark on or before December 30, 2001.
`
`(Exs. 7 and 8.)
`
`7.
`
`On July 5, 2001, Petitioner, through its predecessor in interest, filed an
`
`application, U.S. Ser. No 76/280,782, for the word mark INDIVOS, as an intent-to-use
`
`application for “computer software for use in biometric identification and authentication;
`
`biometric identification and authentication equipment, namely, computers, retinal scanners, hand
`
`and fingerprint scanners,” in Class 9; and for “electronic payment services, namely, electronic
`
`processing and transmission of payments to merchants via on—line debit, checking, credit card,
`
`and loyalty/reward account payments; providing checking, credit, debit, and loyalty/reward
`
`account verification services, namely, transaction identification and authentication services for
`
`merchants by means of on-line databases that link customers’ checking, credit, debit, or
`
`loyalty/reward accounts with their biometric data," in Class 36.
`
`8.
`
`On February 28, 2002, Petitioner, through its predecessor in interest, filed an
`
`intent-to-use application, U.S. Ser. No. 76/377,629, for the design plus word mark for INDIVOS,
`
`in Class 9 for “computer software foriuse in the field of biometric identification and
`
`authentication; biometric identification and authentication equipment, namely, computers, retinal
`
`scanners, and fingerprint scanners,” in Class 9; for “electronic payment services, namely,
`
`electronic processing and transmission of payments to merchants via on-line debit, checking,
`
`credit card, and loyalty/reward account payments,” in Class 36; and for “computer services,
`
`namely, providing transaction identification and authentication services for merchants by means
`
`W:\INTELLECTUAI._PROPERTY\BioPay\Cance|lation Prcdg\Statement.Materia|.Facts.dDc
`
`3
`
`

`
`
`
`of on-line databases that link customers’ checking, credit, debit, or loyalty/reward accounts with
`
`their biometric data,” in Class 42.
`
`9.
`
`Petitioner has not alleged prior use of the marks which are the subject of its
`
`applications, U.S. Ser. Nos. 76/280,782 and 76/377,629. (Petition, EL2.) The record is devoid
`
`of Petitioner’s use of its INDIVOS marks prior to Registrant’s date of first use of its INDIVIO
`
`mark on or before December 30, 2001.
`
`10.
`
`In its Petition to Cancel, Petitioner has not alleged distinctiveness of its marks
`
`which are the subject of its applications, U.S. Ser. Nos. 76/280,782 and 76/377,629. (Petition,
`
`Q3.) The record is devoid of any showing of distinctiveness of Petitioner’s marks, either by
`
`inherent distinctiveness or acquired distinctiveness.
`
`11.
`
`As grounds for cancellation of the registration, Petitioner pleads a mark that is not
`
`registered by Respondent. In particular, paragraph 9 of the Petition states that Respondent has
`
`never made use of the mark INVIDIO, and therefore the registration should be cancelled.
`
`Respondent has never made use of such mark, because it has never used, applied for, or
`
`registered such a mark.
`
`Respectfully submitted,
`
`Dated: May 14, 2004
`
`1%/gm
`
`Jon L. Roberts, Esq.
`Shauna M. Wertheim, Esq.
`Roberts Abokhair & Mardula, LLC.
`11800 Sunrise Valley Drive, Suite 1000
`Reston, Virginia 20191
`(703) 391-2900
`Counselfor Respondent
`4
`
`W:\lNTELLECTUAL_PROPERTY\BioPay\Cancel1ation Prcdg\Statement.Material.Facts.doc
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this
`
`‘ day of May, 2004, a copy of the foregoing Statement of
`
`Material Facts Not in Dispute was sewed by first-class mail, postage prepaid upon:
`
`Carole F. Barrett, Esq.
`Joharma F. Sistek, Esq.
`Howard Rice Nemerovski Canady Falk & Rabkin
`Three Embarcadero Center
`
`Seventh Floor
`
`San Francisco, CA 94111-4024
`
`Egg:
`
`U; [L émzgg
`
`.
`
`Shauna M. Wertheim, Esq.
`
`W:\INTELLECTUAL_PROPERTY\BioPay\CanceI]ation Prcdg\Statement.Material.Facts.doc
`
`5
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`

`
`

`
`
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`{'3
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`
`ARTICLES OF INCORPORATION
`
`OF
`
`ELECTRO CHECK lNC.
`
`The name of the Corporation is "Electro Check lnc." (hereinafter the "C orporation").
`
`ll.
`
`The post office address of the Corporation's initial registered agent in the Commonwealth of
`Virginia is 1420 Beverly Road. Suite 330. McLean. Virginia 22101. and the county in which it
`is located is Fairfznt. lhe name of its registered agent at such address is Daniel H. DuVal. a
`resident of Virginia and a member ofthe Virginia State Bar and whose business address is
`identical with the registered oflice of the Corpora_tion.
`
`Ill.
`
`The Corporation shall have one class of common stock. and the total number of shares of stock
`which the Corporation shall have authority to issue is I000.
`
`IV.
`
`lhere shall be no liability for the acts or omissions of any officer or Director of the Corporation
`in any proceeding brought by Shareholders (or a Shareholder) of the Corporation in the right of
`the Corporation or brought by or on behalf of the Shareholders (or Shareholder) of the
`Corporation. unless otherwise provided by the laws of the Commonwealth of Virginia. arising
`out ofany single transaction. occurrence. or course of conduct pursuant to Section 13. l-692.1 of
`the Code of Virginia. as may be amended from time to time. Pursuant to Section I3. I-692.1 D.
`of the Code of Virginia. the liability of an officer or director shall not be limited as provided in
`this Article IV. if the oflieer or director engaged in willful misconduct or a knowing violation of
`the criminal law or of any federal or state securities law. including without limitation. any claim
`of unlawful insider trading or manipulation of the market for any security.
`
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`
`V.
`
`Except as may be otherwise provided by the Board of Directors. no holder of any shares of stock
`of the Corporation shall have any preemptive right to purchase. subscribe for. or otherwise
`acquire any shares of the Corporation of any class or series now or hereafter authorized.
`
`IN WITNESS WHEREOF. the- undersigned has executed these Articles of Incorporation
`on this 28th day of March. I997.
`.
`
`‘
`
`'\
`
`Daniel H. DuVal
`
`lncorporator
`
`.
`
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`
`COHMONHEALTH OF VIRGINIA
`STATE CORPORATION COHHISSION
`
`April
`
`1, 1997
`
`The State Corporation Commission has found the accompanying
`articles submitted on behalf of
`
`ELECTRO CHECK INC.
`
`to comply with the requirements of law, and confirms payment of
`all related fees.
`
`Therefore,
`
`it is ORDERED that this
`
`CERTIFICATE OF INCORPORATION
`
`be issued and admitted to record with the articles of
`incorporation in the Office of the Clerk of the Commission,
`effective April
`1, 1997.
`
`The corporation is granted the authority conferred on it by law in
`accordance with the articles, subject to the conditions and
`restrictions imposed by law.
`
`STATE CORPORATION COMMISSION
`
`”’77%m‘«—;?
`
`Commissioner
`
`CORPACPT
`CIS20436
`97-O3-31-Olhh
`
`
`
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`fififafxz Qlnrpnrztfiun Glnmmiezinn
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`I Certify tfie Toflowingfrom tfie Records of tfie Commission.‘
`
`ELECTRO CHECK INC. is a corporation existing under and by virtue of the laws of Virginia, and
`is in good standing.
`
`The date of incorporation is April 01, 1997.
`
`Nothing more is hereby certified.
`
`SzgneJanJSealEJat Qficfimomfon tfiis (Date:
`may 11, 2004
`
`I‘
`
`ijoefflf. (Peck, CfizrlioftfieCommission
`
`
`
`ClS0502
`
`

`
`

`
`1 ‘
`
`18/16/2863
`
`87: 09
`
`I93
`'
`Attorney Docket No. 4Dl‘I'9 SD
`
`S2snifi£!.l££LMI_".iLl.I
`thereby unity the! "III correspondence II being deposited with the U S. Poml Service. as I-‘im C1.” M.;| gr. .3 ,1-,.,¢1.,p¢
`-ddremd Io Com"“5-“°'*=' 01'T*-d=m='h- 2900 Cm!-I Drive Arlinnon. VA 22202-35 II on this 25th day amuse... zoos.
`e
`I!
`Name
`
`Signatu re
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`
`P D
`
`B~29-2003
`u e nu-nu momrru us: Inlm. no
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`lndivos Corporation
`
`Petitioner,
`
`PETITIOl'-l FOR CANCELLATION
`Cancellation No. 2&,g_;¢fl- F2 P
`
`v_
`
`Rcgistratirin No. 2,62 5,969
`
`Elcclro Check, Inc_,
`
`Date of Is:-;uc: September 24, 2002
`
`
`
`Respondent.
`
`Mark: INDIVIO
`
`1.
`
`Petitioner, Indivos Corporation, a Delaware corporation with a place of
`
`business at one Market Plaza. Spear Tower. Suite 4100, San Francisco, California 94105, a
`
`wholly owned subsidiary of Solidus Networks, Inc. having a plate of business at One Marker
`
`Plaza, Spear Tower, Suite 4100, San Francisco, California 94105, believes that it has been, is
`
`being, or will be damaged by Registration No. 2,625,969 for the mark INDIVIO, and hereby
`
`petitions to cancel this registration.
`
`2.
`
`To the best of Petitioner's knowledge, the name and address of the current
`
`owner or the registration is Eleetro Check, Inc., a Virginia corporation, located and doing
`
`business at 580 Herndon Parkway, Suite 100, Hemdon, Virginia 20170 (“Respondent").
`
`3.
`
`Respondent filed an application based on an intent to use the mark INDIVIO
`
`on May 4, 2000 and the application was assigned Serial No. 761040119 (“the Application").
`4.
`The Application was published for opposition on January 2, 2001, and the
`
`registration issued on September 24, 2002 as Registration No. 2,625,969 (the “Registtation").
`09/2512”! *3 fififl “[72 U255!
`01 FC:HOI
`
`wo ofl_W.”.'l949fIFSfl098!99/vl
`
`- [ -
`
`

`
`
`
`16/16/2863
`I
`
`67: 69
`
`7634353126
`
`ARJAYDATA
`
`PAGE
`
`B6
`
`5.
`
`'The Registration covers services described as: "Providing services for
`
`jdgntifying individuals based upon biological identifiers, namely, fingerprints, iris recognition,
`
`facial scans, voice recognition."
`
`6.
`
`Petitioner, through its predecessor in interest, ti ed an application on July 5,
`
`2001 for the mark INDIVOS, which was assigned Serial No. 76/280782. The application was
`
`based on an intent to use the mark in commerce. Application Serial No. 76/280782 currently
`
`covers the following goods and services in Classes 9 and 36; "Computer sofiwarc for use in
`
`biometric identification and authentication, biometric identification and authentication
`
`equipment, namely, computers. retinal scanners, hand and fingenirrint scanners in Intl. Class 9;
`
`electronic payment services, namely, electronic processing and tmnsmission of payments to
`
`mm-chants via on-line debit, checlcing, credit card, and loyalty/reward account payments;
`
`Providmg checking, credit, debit, and loyalty/reward account verification services, namely,
`
`transaction identification and authentication services for merchants by means of on-line
`
`databases that link customers‘ checking, credit, debit, or Ioyaltylrcward accounts with their
`
`biometric data in Intl. Class 36." The Trademark Examining Attomcy issued an office action on
`
`June 2, 2003 and stated that there may be a likelihood of confusion between Petitioner's mark
`
`INDIVOS and R.c3p0ndent's registered mark INDIVIO.
`
`7.
`
`Petitioner, through its predecessor in interest, filed an application on February
`
`28, 2002 for the marl: [NDNOS and Design , which was assigned Serial No. 76/377629. The
`
`application was based on an intent to use the marl: in commerce. Application Serial No.
`
`76/377629 currently covers the following goods and services in Classes 9, 35, and 3 6:
`
`“Computer software for use in the field of biometric identification and authentication; biometric
`
`identification and authentication equipment, namely, computers. retinal scanners, and fingerprint
`
`scanners in Intl. Class 9; Electronic payment services, namely, electronic processing and
`
`transmission of payments to merchants via on-line debit, checking. credit card. and
`
`loyalty/reward account payments in Int}. Class 36; Computer services, namely, providing
`
`transaction identification and authentication services for merchants by means of on-line
`
`wt) on 1!:-,‘l!! 4m 7949fIFSflO9lI99!vl
`
`Petition to Cancel
`-2-
`
`

`
`
`
`18/16/2883
`
`67:69
`
`7634353123
`
`ARJAYDATA
`
`PAGE
`
`87
`
`5‘
`
`database: that Iinit customers‘ checking, credit, debit, or loyalty}:-award accounts with their
`
`rcsemblcs Respondent's marl: as to be likely, when applied to the goods of Petitioner, to cause
`
`confusion, then Petitioner will be damaged by the registration of ltespondenfs mark.
`
`9.
`
`As grounds for cancellation of the registration, Petitioner contends that
`
`Respondent had not made bonafide use of the INVIDIO mark in comrnerce with the services
`
`covered by the Application, as required by Lanhum Act §45, when Respondent submitted its
`
`Statement of Use on or around February 28, 2002.
`
`10.
`
`Petitioner is currently being damaged by the continuance of Respondent's
`
`registration in that Petitioner's applications for the mark INDIVOS and INDIVOS and Design
`have been refused.
`
`WD 0a25n_m -4ol?949UFSN09Il99I'~l
`
`Petition to Cancel
`-3-
`
`

`
`
`
`PAGE
`
`88
`
`T_
`
`,__.
`
`ARJAYDATQ
`
`13/15/2333 87239
`-
`
`.
`
`7334353129__.._‘
`t’
`
`W’!-IEREFORE. Petitioner prays that Registration No. 2,625,969 be cancelled and
`
`that this Petition for Cmcellation be sustained in favor of Petitioner.
`
`The Patent and Trademark Office is authorized to remove the required fees for
`
`this Petition to Cancel from our deposit account 08-2792.
`
`DATED: August ‘RC. 2003
`
`Respectfully,
`
`By:
`
`-;...
`
`Carole F. Barrett
`Johanna F. Sistel:
`Howard Rice Nemerovski Canady Fall: 8.:
`Rabkin, A Professional Corporation
`
`_ _
`
`'
`
`Attomcys for Petitioner
`Indivos Corporation
`
`,
`
`wn 0125011: 4:31 7949IJFSIl098199rvl
`
`Petition to Cancel
`-4.
`
`

`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No. 92042508
`
`Registration No. 2,625,969
`INDIVIO
`
`INDIVOS CORPORATION,
`
`Petitioner,
`
`V.
`
`ELECTRO CHECK, INC.,
`
`Registrant.
`
`V-I‘-J‘-é\—I\—I5-J%/‘-:V‘&/V—/VJ
`
`DECLARATION OF SHAUNA M. WERTHEIM
`
`I, Shauna M. Wertheim, am a member of the firm of Roberts Abokhair &
`
`Mardula, LLC, whose offices are located at 11800 Sunrise Valley Drive, Suite 1000,
`
`Reston, Virginia 20191, and am counsel to Registrant, Electro Check, Inc.
`
`I make this
`
`declaration on my personal knowledge and submit the following in support of Electro
`
`Check, Inc.’s Motion for Summary Judgment.
`
`1.
`
`On or about May 12, 2004, I conducted an Internet search for “lndivos
`
`Corporation.” When I typed “1ndivos Corporation,” the first “hit” took me to the home
`
`page of Pay By Touch with a web address of www.paybfiouch.com. A true and correct
`
`copy of this Pay By Touch home page, as well as the first page of results of the Google
`
`search, are attached to this Declaration as Exhibit 3b.
`
`2.
`
`On or about May 12, 2004, I entered the Internet address of
`
`www.indivos.com into my web browser, and was directed to the web page bearing the
`
`web address of www.paybytouch.com. A true and correct copy of this web page is
`
`attached to this Declaration as Exhibit 3b.
`
`

`
`
`
`3.
`
`On or about November 25, 2003, I conducted an Internet search for “Pay
`
`By Touch,” and was directed to www.paybfiouch.com. From that website, I accessed the
`
`Pay By Touch press releases, including the Press Release dated October 13, 2003,
`
`announcing $10 million in financing for the company and stating that “Pay By Touch,
`
`formerly known as Solidus Networks, Inc., results from the company’s acquisition in
`
`April [2003] of Indivos Corp.” A true and correct copy of this Press Release I printed out
`
`is attached as Exhibit 3c.
`
`4.
`
`On or about May 12, 2004, I entered the website of
`
`www.paybflouch.com.
`
`I accessed the Pay By Touch “Press Relations” page, as well as
`
`an article entitled “Biometric Payment Firm Pay By Touch Secures $10 Million Funding”
`
`from the “Media” page. The Internet address for the article is
`
`http://www.finextra.com/fullstog.asp?id=10197. True and correct copies of both the
`
`Press Releases and the article from my Internet searches are attached to this Declaration
`
`as Exhibit 3d.
`
`The undersigned being warned that willful false statements and the like are
`ptmishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful
`false statements and the like may jeopardize the validity of the document resulting
`therefrom, declares that all statements made of his/her own knowledge are true; and all
`statements made on information and belief are believed to be true.
`
`Dated:
`
`5 2:9 Z 0 E
`
`Shauna M. Wertheirn, Esq.
`Roberts Abokhair & Mardula, LLC
`
`Cancellation No. 92042508
`Declaration of Shauna M. Wertheim
`
`2
`
`

`
`
`
`Welcome to Pay By Touch
`
`Page 1 of 1
`
`Oxford. Swu
`Gloucester I
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`implement I
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`Welcometo Pay 3;; Touch, a consumer payment service
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`
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`What is
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`Pay By Touch
`
`Recent
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`03/23/04
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`Pay By Town
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`
`http://www.paybyl;ouch.com./
`
`5/ 12/2004
`
`

`
`
`
`Google Search: indivos corporation
`
`Page 1 of 2
`
`‘ -;O i‘ )8
`
`Images Groups News
`
`Web
`
`indivoscorporation
`
`Froogle"“"“" more»
`
`Search I f;f;%E§fige§"a'°”
`
`.
`
`Web
`
`Results 1 - 10 of about 521 for indivos corporation. (0.24 seconds)
`
`Indivos
`Offers Pay By Touch voluntary service which authenticates consumer identity at the point of purchase...
`www.indivos.com/ — 1k — May 10. 2004 — Cached - Similar :1-.'i‘.i(‘E—.
`
`[pop] A Large-Scale Biometric Identification System at the Point of Sale
`tilt i'—ormat' PDF/Adobe Acrobat - View as HTML
`Indivos Corporation About Indivos Corporation - Founded in 1995, provides
`applications of biometrics for access to financial accounts and services.
`WWW.iii.i'iiSLg0VI'diV895I'iSiS."bC2OU1/FiNAi_wBCFEB02." F|NAL__2_Final“/o2OD0ug°/o20Buettner%2OBrief.pdf —
`‘iisiiiizir ii:-1_L'irv
`
`Rory G. Bens - Orrick Bio
`His notable cases include the following: Indivos Corporation. in Indivos
`Corporation v. Biometric Access corporation, Mr. Bens is
`www.orrick.comi'|awyersi'Bio.asp?lD=122953 - 15k — Catjiltjti - Siiniiar p;'1t.]f3:a‘
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`Biometric Access Company prevails in ruling on Indivos patent
`US District Judge William Alsup in the US District Court for the Northern District
`of California in a patent-infringement lawsuit filed by Indivos Corporation.
`www.biometricaccess.comfcompanyln_030602.him — 13k — Cached - Similar pages
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`E-Payments 2002
`mona@ca.ibm.com. Indivos. Coy Christensen. cchristensen@indivos.com. Indivos Corporation.
`Frank Pierce. fpierce@indivos.com. INETCO. Kevin Soul. kevin_sou|@inetco.com.
`www.epi.net/PrevMtngs/Feb02/Feb02Atlend.htm| - 24k - C. r-..|u>rl - S:i1i«i:ir' pages
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`Industry Leading Everest Payment Terminal Hits New Peak in Multi
`robust and flexible platform to conduct field trials. such as those currently underway
`for voluntary biometric identification with Indivos Corporation's Pay By
`www.verifone.cominews!press_rel/ himI/pr020402_everest.htrnl - 21 k - (,1-J-ifiiiitififi -- Slliiiidf pages
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`Harper's Index for September 2002 (Harpers.org)
`Number of US supermarkets where shoppers can pay using fingerprint readers:
`4 [The Kroger Company (Cincinnati)lIndivos Corporation (Oakland)].
`www.harpers.org/Harpers|nde><2002—09.html - 45k - May 11. 2004 — C;JtLilf1(i- Sltlliiiil pages
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`currentmembers
`Independent Community Bankers of America Indivos Corporation Ingenico J&B Software
`JP Morgan Chase The Kroger Company LML Payment Systems Corporation MagTek
`ecc.nacha.org.’currentmembersfcurrentmembershtrn - 19k — Cached - Similar pages
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`BiometriTech News
`ePo|ymath. May 5, 2003 Indivos Shareholders Approve Acquisition By
`Solidus Networks. Indivos Corporation and Solidus Networks Inc.
`wwwbiometritech.com.’enewsl050503d.htm — 18k — Cached - Siariilar p;!_L_]('2S
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`MMiGroup Corporation
`Imaging Automation, Inc. IMAGIS Technologies |mEdge Technology, Inc. Indivos
`
`http://www. googlc.com/search?h1=en&q=in.djvos+corporation
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`5/ 12/2004
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`Google Search: indivos corporation
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`Corporation Infineon Technologies lnfineon Technologies Corp.
`www.mmigroup.net/enfsecurity_view.php?part=no1ice&mode=view&page=1&no:15 - 20k — Cached -
`Similar pages
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`5/ 1 2/2004
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`FOR IMMEDIATE RELEASE
`
`CONTACTS
`
`PAY BY TOUCH LAUNCHES NEXT PHASE IN PAYMENTS REVOLUTION
`
`Announces $10 Million Financing And New Management Team Of Industry
`Veterans
`
`SAN FRANCISCO, Oct. 13 — Pay By Touch today announced completion of a $10
`million financing round and its new management team. The company is initiating
`the next phase in bringing to market a new patented payment system that allows
`consumers to pay at the checkout counter without having to present credit cards,
`debit cards, loyaity cards, paper checks or cash.
`
`The Pay By Touch“ payment authentication service allows consumers to make
`purchases in one easy step by touching a finger image reader to access their
`accounts electronically at the checkout counter. Payments are authorized without
`consumers having to present tokens (e.g., credit cards, RFID devices, Smart Cards,
`etc.), or reveal account numbers, signatures, or drivers licenses, thus providing
`protection from identity theft and fraud while speeding up checkout lanes. Unique
`algorithms created during enrollment are matched during the payment process to
`ensure merchants and payment processors of the consumer's identity.
`
`Caroline McNa||y
`650.333.2990
`
`caro|ine.mcnally@
`paybflouchcom
`
`Pete Bartolik
`
`508.259.2108
`
`Qete@barto|ik.com
`
`
`
`2
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`patents covering tokenless, biometrically authenticated (any type of biometrics)
`financial transactions, age verification and customer loyalty applications. Pay By
`Touch has forged a business development partnership with Accenture to facilitate
`rapid penetration of large merchant accounts.
`
`
`
`Among the investors of the just-closed $10 million financing are new CEO Craig
`Ramsey and payment processing industry veteran Eula Adams, both of whom have
`joined the board of directors. Ramsey was EVP of Worldwide Sales at Siebel until
`2001 and oversaw growth from $4 million in sales with offices in 2 countries, to more
`than $1.5 billion in sales with offices in over 30 countries around the world. He
`
`previously served in executive roles at pre—lPO phases of Amdahl Corp. and Oracle
`Corp, where he ran the United Sates sales organization.
`
`“Pay By Touch will revolutionize the checkout lane much as ATM machines
`revolutionized bank branch operations," Ramsey said. “Pay By Touch is the easy,
`safe and secure way to pay, reducing consumer risks while allowing merchants to
`speed up the purchasing process and reduce cash management and transaction
`costs. We have pulled together a powerful team of industry leaders to manage the
`company as well as esteemed directors who will help guide the company to fulfill its
`potential."
`
`One Market Plaza - Spear Tower, Suite 700 - San Francisco, Caltfomia 94105 - Tel: 415.281.2200 - Fax: 415.281.2201
`
`www.paybytouch.com
`
`Page 1 of 3
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`J.‘L
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`Adams, formerly Senior Executive Vice-President of First Data Corporation, was
`named in 2002 as one of the 50 "Most Powerful Black Executives” by Fortune
`Magazine. which recognized his role in running the worldwide credit card business
`for First Data Corp, a global leader in electronic payment transactions. During his
`tenure at First Data, Mr. Adams served as President of First Data Resources, the
`largest third party processor of Visa and MasterCard credit. debit, and retail card
`accounts in the world, President of First Data Merchant Services and earlier was
`Chief Operating Officer of Western Union, which had been acquired by First Data
`Corp. Mr. Adams has served on the Board of Directors of several companies,
`including MasterCard International, Wells Fargo Merchant Services, and NYCE
`Corporation.
`
`Also elected to the board of directors was Robert Shaw, currently the Chairman and
`CEO of Arcsight and previously CEO of Silicon Valley lnternet Capital (SVlC), CEO
`of USWebICKS until March 2000, when the company was acquired for $3.3 billion
`by Whittman-Hart, lnc., and earlier Oracle Corp. Executive Vice President in charge
`of the company's worldwide consulting services and vertical markets. Prior to
`joining Oracle, Mr. Shaw was a partner at Booz—Aiien 8. Hamilton and at
`Pricewaterhousecoopers. Mr. Shaw is a certified public accountant and serves on
`the board of directors of Heidrick & Struggles International, Portera, Zero-
`Knowledge Systems, and Website Pros.
`
`Additionally, Pay By Touch announced its executive management team, including:
`
`John Rogers, President and Founder, and Chairman of the Board of Directors
`John Rogers was founder and CEO of Rogers Development Corp., and previously
`was COO of Daniels and LaBore. Prior to Daniels and LaBore, Mr. Rogers was VP
`of Corporate Strategy at ION Corporation.
`
`Brian Miller, EVP Strategic Alliances, and member of the Board of Directors
`Brian Miller was a partner at Accenture where he worked for 28 years. At
`Accenture. Mr. Miller conceived and helped build the CRM practice, established
`Accenture alliances with Siebel. Peoplesoft and Blue Martini. Mr. Miller was the
`Managing Partner of Accenture's Consumer ProductsfRetai| practice for the West
`Coast, and led the Silicon Valley Business Launch Center.
`
`Nhan Nguyen, Chief Technology Officerlchief Information Officer
`Nhan Nguyen was CTO of Yodlee (a financial account aggregation services firm)
`before joining Pay By Touch. Prior to Yodlee, Mr. Nguyen was SVP, Technology
`Operations at iPin (a Stored Value and payment transaction management
`middleware company), and prior to iPin, Mr. Nguyen was SVP, Enterprise
`Technology and Architecture of Bank of America. Prior to Bank of America, Mr.
`Nguyen was Executive Director, World Bank Implementations at TRW.
`
`One Market Plaza - Spear Tower, Suite 700 - San Francisco. California 94105 - Tel: 415.281.2200 - Fax: 415.281.2201
`
`www.gayb3gouch.com
`
`Page 2 of 3
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`“I
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`
`Eric Bachman, Chief Operating Officer
`Eric Bachman was COO of NextBank prior to joining Pay By Touch. Prior to
`NextBank. Mr. Bachman held SVP posts at Bankserv and US Bank's Merchant
`Card Services business. Prior to US Bank. Mr. Bachman worked at Wells Fargo.
`
`David Siminoff, CFO
`David Siminoff was an analyst and portfolio manager for 10 years at Capital
`Research. one of the world's largest investment companies. Prior to Capital
`Research he was the founder of EastNet. a syndicate barter company in Eastern
`Europe.
`
`Caroline McNally, Chief Marketing Officer
`Caroline McNally has 24 years of experience in brand marketing and
`communications. She was EVP of global brand management for Visa International,
`responsible for worldwide strategy leadership for the Visa brand. one of the most
`recognized and leading brands in the world. Prior to joining Visa, Ms. McNally was
`VP Marketing for MasterCard International in New York. Also at MasterCard she
`served as Acting General Manager for MasterCard's Europe. Middle East, Africa
`Region based in Paris. Ms. McNally began her career at American Express where
`she hetd a variety of marketing positions.
`
`Steve Zelinger, General Counsel
`Steve Zelinger brings 20 years of legal experience to Pay By Touch. Mr. Zelinger
`served for four years as SVP and global director of litigation and regulatory affairs of
`Visa International, after having been for seven years a partner in the Washington,
`DC office of Manatt. Phelps & Phillips. LLP. Mr. Zelinger also served for five years
`in the U.S. Department of Justice in Washington, DC. and has worked for a variety
`of law firms in the U.S. and abroad.
`
`Jon S. Siegal, Vice President Sales. Americas
`Jon Siegal has over 15 years of sales and sales management experience. Prior to
`Pay By Touch, Mr. Siegal held the position of Vice President, Worldwide Sales
`responsible for Siebel’s fastest growing product line. Mr. Siegal joined Siebel
`Systems in 1997, where he was consistently recognized as one of the top
`contributors to the company's growth from $40M to 3523 in annual revenue. Mr.
`Siegal began his career in 1988 at IBM Corporation where he was responsible for
`sales to the Media and Entertainment Industries.
`
`##3##
`Pay By Touch is the premier provider of tokenless biometric authentication at the point of sale. offering
`retailers an efficient and low cost alternative to current payment processing options. Pay by Touch”,
`the Company's branded. patented biometric authentication product. allows consumers to pay for
`purchases in one easy step by using finger imaging to link them to their payment accounts without having
`to present credit cards. debit cards. loyalty cards. paper checks or cash. The company's products and
`services are based on 22 issued and 13 pending patents that cover to