UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
| Date of Report (Date of earliest event reported): January 21, 2011 |
Smartmetric, Inc.
(Exact name of registrant as specified in its charter)
Nevada (State or other jurisdiction of incorporation) | 333-118801 (Commission File Number) | 05-0543557 (I.R.S. Employer Identification No.) | ||
1150 Kane Concourse, Suite 400 Bay Harbor Islands, FL 33154 (Address of principal executive offices) (zip code) | ||||
(305) 495-7190 (Registrant’s telephone number, including area code) | ||||
| Not Applicable | ||||
| (Former name or former address, if changed since last report.) | ||||
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
| o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01 Other Events.
On July 27, 2010, Smartmetric, Inc. (the “Company”) filed a second amended complaint (the “Visa and Mastercard Complaint”) in the United States District Court, Central District of California (the “Court”), Case No. 2:10-cv-01864, against MasterCard, Inc. and Visa, Inc. (collectively, the “Defendants”) alleging patent infringement on the Company’s patent, U.S. Patent 6,792,464 (the “’464 Patent”). On August 12, 2010, Defendants filed a Joint Motion to Dismiss the Company’s Amended Complaint. On September 16, 2010, the Court denied Defendants’ Motion to Dismiss. On November 10, 2010, the Company and Defendants filed a j oint stipulation to continue deadline for filing joint scheduling report to the Court (the “Stipulation”) to postpone the deadline for filing the joint scheduling report from November 10, 2010 to November 30, 2010. On November 30, 2010 the parties filed their Rule 26(f) Joint Scheduling Order. (the collectively, the “Visa and Mastercard Action”)
On December 7, 2010, the Company filed a complaint (the “AMEX Complaint”) in the Court, Case No. CV10-9371 JHN (MANx), against American Express Company (“AMEX”) alleging patent infringement on the ’464 Patent.
On January 21, 2011, the Company and AMEX filed a joint stipulation to the Court for each of the pending cases to be consolidated and proceed together on the same briefing schedule laid out under the Visa and Mastercard Action. A copy of the Stipulation is attached hereto as exhibit 99.1.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
| 99.1 | Stipulation and [Proposed] Order Setting Joint Claim Construction Briefing, filed January 21, 2011 in the United States District Court, Central District of California. |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Dated: January 28, 2011 | SMARTMETRIC, INC. | |
| By: /s/ Colin Hendrick | ||
| Name: Colin Hendrick | ||
| Title: Chief Executive Officer |