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On suspected patent infringement of PSOCA in South Africa, 3MFuture Africa (Pty) Ltd. has started a lawsuit against

MTN

mobile network operator and Standard Bank. Numourous media have reported on the case, in South Africa and internationally, and more is to come. Here is a summary of the main media reports on the case thus far .. and the case is ongoing.

 

Billboards throughout South Africa:

Background reports after the summons was served in April 2010 >>

Reports during the trial in August 2011 and February 2012 >>

Reports after the Judgement of the North Gauteng High Court >>

Further media reports and follow-up articles >>

 

Prime News on MTN and their patent infringement:
BACKGROUND REPORTS PRE-TRIAL / AFTER SUMMONS
(reports during the trial in 2011 and after the judgement you find below)

 

Business Report 9 April 2010
SCAN: MTN Banking sued on patent
Inventor files R1bn claim for infringement

original article - MTN Banking - patent
- Title story of the Business Report
- The Business Report is the business section in many daily newspapers in South Africa: E.g. Cape Times, The Star, Pretoria News, etc.

In a David and Goliath clash two of South Africa's largest companies, Standard Bank and MTN, have been served with summonses that could result in a claim nearing R1 billion.
The claim is for alleged infringement of technology patents in establishing and running the joint Standard Bank-MTN cellphone banking venture, MTN Banking.
The claim is by 3MFuture Africa ... [read more]

 

Mail & Guardian 9 April 2010
SCAN: IT whizz takes on big guns
original article - Standard Bank / MTN patent infringement
- With photo of Dr Reiners

Standard Bank, the MTN Group and subsidiary MTN Mobile Money are being sued for damages that could amount to more than half a billion rands, it emerged this week.
The claim has been lodged by 3MFuture Africa, which alleges that all three entities have conspired to infringe a patent it holds for a transaction authorisation system named PSOCA.
3MFuture's papers were filed late this week at the Court of the Commissioner of Patents.
In a forensic audit ... [read more]

 

e TV News - 13 April 2010 - 22:00
VIDEO: MTN and Standard Bank are being forced to calculate exactly what they have earned through cellphone banking technology.
[Best to right-click and save. 6 MB]
- 2 minutes TV news in prime time
- Interview with Adv Heath and Dr Reiners

Standard Bank

 

REUTERS - 10 April 2010
UPDATE 1-MTN, Standard Bank face $136 mln claim

JOHANNESBURG, April 9 (Reuters) - South Africa's telecom company MTN (MTNJ.J: Quote, Profile, Research) and Standard Bank (SBKJ.J: Quote, Profile, Research) face a claim of up to 1 billion rand ($136.4 million) for infringement of technology patents in their joint venture MTN Banking.

The head of South African technology company 3MFuture, Wolfram Reiners, said on Friday that MTN and Standard Bank have been served with summons to appear in patent court ... [read more]

 

NOSEWEEK - July 2010
SCAN: Bank Robbery on the Increase
original article: Standard Bank and MTN infringe on patent

It has become all too common for SA companies to market, as their own, products presented to them by inventors of limited means. Some clever bloke invents something bloody marvellous and approaches a large corporate; their geeks take a look - and everyone lives happily thereafter. Everyone but the inventor, that is. A common story. [read more]

 

* * * * * *

News during the court hearings (trial at Pretoria Patent Court): Standard Bank / MTN and their infringement on our patent

MEDIA REPORTING DURING TRIAL:

 

Business Report 17 Feb 2012
Court to decide on payment patent - MTN to retract countersuit

The North Gauteng High Court will hear closing arguments on Monday in a multimillion rand civil case for patent infringement brougth against Standard Bank, MTN and MTN Banking. The defendants are alleged to have infringed on the invention rights owned by 3MFuture Africa ...

 

Business Report 15 Aug 2011
MTN Banking’s trial delayed to November

Standard Bank, MTN Group and their joint venture, MTN Banking, will have to wait until November to continue their presentation of evidence and response to allegations against them of patent theft after their trial in the North Gauteng High Court was rescheduled at the weekend...

 

Radio 702 - EyeWitnessnews 12 Aug 2011
David vs Goliath case far from over

Standard Bank's attempt to expose 3MFuture Africa for allegedly ceding patents to their trial funders has failed in the North Gauteng High Court on Friday. 3MFuture Africa has taken the bank and mobile operator MTN to court for allegedly hijacking their patented anti-fraud development.
The company has struggled for nearly five years to get the major companies into court. With just one day of this trial left, it is clear this matter will not be finalised on Friday. ....

 

Business Report 11 Aug 2011
Interlocutory matters still dominate in patents case

LEGAL counsel for Standard Bank and MTN Group, Africa’s largest cellphone service provider, and 3M FutureAfrica, a technology company which has taken the two giants to court, spent a third day arguing interlocutory matters in the North Gauteng High Court yesterday....

 

Business Report 10 Aug 2011
MTN Banking ‘not user friendly’ – expert

The technology for which Standard Bank and MTN have been hauled before court on suspicion of infringing the patent rights of technology company 3M FutureAfrica “was not user-friendly”, information technology (IT) expert Ivan Zatkovich told the North Gauteng High Court patent division in Pretoria.

Zatkovich, when asked if the technology was a commercial success, said he had no knowledge of the technology’s success but that he was sent back and forth between MTN and Standard Bank before it worked. ....

 

Radio 702 - EyeWitnessnews 5 Aug 2011
Standard Bank ‘theft’ case continues

Details of how Standard Bank allegedly stole an invention from a small development company have been heard in the North Gauteng High Court.
3MFuture Africa has taken the bank and mobile operator MTN to court for allegedly hijacking its patented anti-fraud development. ...

 

Business Report 5 Aug 2011
No settlement in MTN Banking case

STANDARD Bank was reportedly rebuffed this week in its attempts at an out-of-court settlement with software developer 3MFuture Africa, which has taken the bank and cellphone company MTN to court over patent theft.Details of the offer allegedly discussed on Tuesday afternoon were sketchy, but it was established that Standard Bank tried its hand after the North Gauteng High Court had failed to reconvene after lunch. ...

 

LegalBrief - 4 Aug 2011
Judge refuses to postpone patent infringement case

Judge Tati Makgoka of the North Gauteng High Court has refused to postpone 3MFuture Africa's patent infringement case against MTN and Standard Bank, saying the points of objection raised by the two listed companies should be determined at a later stage.

 

Business Report 3 Aug 2011
Standard Bank, MTN seek dismissal of patent theft suit

The first day of a North Gauteng High Court patent infringement civil case brought against Standard Bank, MTN and MTN Banking, a joint venture between the bank and the cellular network operator, was dominated by legal and technical arguments yesterday. ..

 

Business Day 2 Aug 2011
IT programme not an invention, court told in patent case

STANDARD Bank and MTN yesterday asked the North Gauteng High Court to postpone indefinitely the case of patent infringement brought by IT company 3MFuture Africa.
The two listed companies are disputing 3MFuture Africa’s definition of an invention.
MTN and Standard Bank relied on a section in the Patents Act which states that anything consisting of a computer programme should not be considered to be an invention ...

 

Radio 702 - EyeWitnessnews 2 Aug 2011
Intellectual property theft case postponed

The intellectual property theft case involving MTN and Standard Bank was postponed in the North Gauteng High Court in Pretoria on Monday.
3MFuture Africa has accused the companies of hijacking its anti-fraud technology.
Counsel for MTN and Standard Bank have made further attempts to have the matter struck off the roll.

 

Radio OFM - Radio Jacaranda 2 Aug 2011
MTN, Standard Bank stole our idea: 3MFuture Africa

Pretoria - The company 3MFuture Africa says technology advancements created by small companies or struggling entrepreneurs are being killed by large, successful companies who break their confidentiality once they are in the possession of their detailed plans of implementation. 3MFuture Africa is the master brain behind a credit card security technology patent that now has to fight for that patent in the North Gauteng High Court after MTN and Standard Bank allegedly stole their idea. This credit and debit card technology enables card users to deactivate their credit card via their cell phone. ... with live-audio-stream interview Dr Reiners

 

Radio 702 - EyeWitnessnews 1 Aug 2011
Standard Bank, MTN in court over ‘intellectual property theft'

Details of how Standard Bank and MTN allegedly stole intellectual property worth millions of rands from a small company are expected to be heard in a special patent court. ...
Ten days of litigation start at the North Gauteng High Court on Monday.

 

Bloomberg - 29 Jul 2011
Standard Bank, MTN Have Court Date in Supplier’s Patent Dispute

Standard Bank Group Ltd. and MTN Group Ltd. (MTN) are scheduled to go to South Africa’s second-highest court on Aug. 1 to defend themselves in a technology supplier’s lawsuit over a credit-card security feature.

3MFuture Africa Ltd., a Seychelles-based company with offices in Cape Town, is seeking damages from the MTN Mobile Money Ltd. remote-banking joint venture for violating a patent on a system allowing consumers to switch credit cards on or off via mobile phone to prevent illicit use, the software developer said in an e-mailed statement. ...

News after the Judgement of the Pretoria Patent Court: MTN is infringing on valid patent claims

REPORTS AFTER THE JUDGEMENT:

Billboards throughout South Africa:


Business Day – 31 Aug 2012
3MFuture wins patent case against Standard Bank and MTN
INFORMATION technology company 3MFuture Africa on Friday registered a victory in its patent infringement lawsuit when the North Gauteng High Court ruled that Standard Bank, MTN and MTN Mobile Money had infringed on its card security technology patent.
The patent allowed users to switch their payment cards on and off with their cellphones, thereby eliminating the problems of card cloning, skimming and theft.
3MFuture Africa’s director, Wolfram Reiners, claimed …

Scan of article - 3MFuture wins patent case against Standard Bank >


Business Report – 3 Sep 2012
3MFuture wins patent court case. Standard Bank, MTN “did infringe rights”
By Asha Speckman 3MFUTURE Africa has scored a famous victory in a marathon trial to bring MTN, Standard Bank and their joint venture MTN Mobile Money to book for infringing its patent rights after the three defendants were found guilty in a landmark ...
Scan of article - 3MFuture wins patent court case against Standard Bank >


Memeburn - 31 Aug 2012
Standard Bank, MTN lose major mobile money patent trial
Banking and mobile giants Standard Bank and MTN Mobile have lost a major mobile patent trial to tech company 3MFuture Africa

Scan of article - 3MFuture wins major mobile money patent trial against Standard Bank >


IT-Online - 1 Sep 12
MTN, Standard lose landmark case

Cape Town-based technology firm 3MFuture Africa is celebrating a landmark judgment in its favour, in the patent infringement lawsuit it brought against blue-chip giants Standard Bank and MTN.
The Patent Court in Pretoria today ruled that Standard Bank and MTN had infringed 3MFuture Africa’s world-beating payment card security technology patent, a locally-developed innovation that allows users to switch their payment cards on and off with their cellphones – thereby eliminating the problems of card cloning, skimming and theft. Justice Tati Makgoka found that the technology was used by Standard Bank and MTN ..

Scan of article - Standard Bank loses patent landmark case >


TechCentral – 3 Sep 12
MTN, Standard lose mobile patent battle

Local IT company 3MFuture Africa has taken on Standard Bank and MTN in a patent battle and come away on top.

Scan of article - Standard Bank lose mobile patent battle >


ITWeb – 3 Sep 12
MTN, Standard Bank lose patent war

By Nicola Mawson, ITWeb deputy news editor. 3MFuture Africa's court win paves the way for it to sell its mobile money solution. A two-year court battle over a mobile money patent has been settled in favour of a Cape Town-based technology firm, ...

Scan of article - Standard Bank lose patent war >


Telecom Paper – 3 Sep 12
MTN accused of infringing mobile money patent

A South African court has ruled that mobile operator MTN and the banking group Standard Bank infringed a mobile payments patent held by 3MFuture Africa, Business Day reported. The patent allowed users to switch their payment cards on and off with their mobile phones, thereby eliminating the problems of card cloning, skimming and theft. 3MFuture claimed that Standard Bank, MTN and MTN Mobile Money conspired to infringe the patent following meetings he held with Standard Bank, where he made presentations on his system.

Scan of article - 3MFuture wins patent case against Standard Bank >


Legalbrief – 3 Sep 12
3MFuture wins patent case against Standard, MTN

3MFuture Africa registered a victory in its patent infringement lawsuit when the North Gauteng High Court ruled that Standard Bank, MTN and MTN Mobile Money had infringed on its card security technology patent, says a BDlive report.

Scan of article - 3MFuture wins patent case against Standard Bank >

Silobreaker – 1 Sep 2012
MTN, Standard lose landmark case

Cape Town-based technology firm 3MFuture Africa is celebrating a landmark judgment in its favour, in the patent infringement lawsuit it brought against blue-chip giants Standard Bank and MTN.
The Patent Court in Pretoria today ruled that Standard Bank and MTN had infringed 3MFuture Africa’s world-beating payment card...

Scan of article - 3MFuture wins patent case against Standard Bank >

Ventures Africa - 4 Sep 2012
3MFuture In Patent Court Win Against Giants MTN, Standard Bank
VENTURES AFRICA – 3MFuture, a South-Africa based small technology company, has won its legal claim for patent infringement by sector giants MTN and Standard Bank. 3MFuture claimed that the respondents had infringed the company’s intellectual property rights by their use of 3MFuture-developed payment card security technology in joint-venture application MTN Mobile Money.
The invention under dispute provides credit-card holders with the ability to turn credit-cards on and off (for example, at the point of sale), through use of a mobile phone or via the internet thus allowing for secure credit-card transactions and precluding the possibility of credit card theft and/or fraud.

Scan of article - 3MFuture wins in patent court against giants MTN and Standard Bank >

Talk Radio 702 - 4 Sep 2012
Victory for Innovation in South Africa

Download:
TalkRadio702-03Sep2012-3MFuture-Victory-for-Innovation-in-South-Africa.m4a

[right-click and save - the interview with Dr. Wolfram Reiners starts at about half of the sound track]

Business Report - 26 Sep 2012
3MFuture's Court Victory sheds light on mystery shrouding patent issues

By patent attorney Elaine de Beer
Hot on the heels of the mighty $1 bn (R8.3bn) damages award in the US patent case involving Apple and Samsung, somes the news that a South African judge has ruled in favour of 3MFuture in its patent case against Standard Bank and MTN.

Scan of article - 3MFuture's court victory against Standard Bank and MTN sheds light on mystery shrouding patent issues >

 

* * * * * *

 

Further news on MTN and their patent infringement:

 

REUTERS - 9 April 2010
MTN, Standard Bank face $136 mln claim - report
MTN Banking venture sued for patent technology

The Econonic Times 9 April 2010
MTN, Standard Bank face $136 mln claim: Report REUTERS

MoneyWeb - 9 April 2010
MTN Banking faces patent claim: Advocate Willem Heath – former judge
- Interview with Adv Willem Heath
- Transscript and audio track available from this page

Businessweek / Bloomberg - 09 April 2010
Standard Bank Receives Summons Over Technology in MTN Venture
- With interview parts from Adv Willem Heath and from Dr Wolfram Reiners, Director 3MFuture Africa

Next - 10 April 2010
MTN, Standard Bank face $136 million claim
- Please note the comments on this article from readers at the bottom.
- Please note the MTN FIFA World Cup ad on top of the article - MTN is a prime sponsor to the World Cup.

Times Live - 10 April 2010
The Bad …
- A collection of recent corporate "bad behaviour"

Ecommerce Journal - 10 April 2010
Standard Bank and MTN sued for mobile money venture

ITweb - 12 April 2010
MTN, Standard Bank face legal battle
- Includíng an interview with Dr Wolfram Reiners, Director 3MFuture Africa on the behaviour of Standard Bank

BusinessDay - 12 April 2010
Standard Bank, MTN face claim

Legalbrief - 14 April 2010
Inventor files patent claim against Standard, MTN

SABC News - 09 April 2010
MTN, Standard Bank face R1 billion infringement claim
- SABC operate the public TV stations of South Africa
- Half of the article mentions MTN's Fifa-World-Cup sponsorship and investment!

Fin24 - 9 April 2010
MTN, Standard face R1bn claim

MoneyWeb - 9 April 2010
MTN banking faces patent claim

GanaBusinessNews - 9 April 2010
MTN, Standard Bank face one billion rand claim

Mobile-Financial.com - 9 April 2010
South Africa's MTN and Standard Bank face a multi-million dollar mobile banking patent infringement claim

 

AND MANY MORE ....

Follow-up articles on MTN and their patent infringement:

Business Daily - 22 April 2010
M-pesa reaps from MTN’s legal tussle in bid to enter SA

- Reports that MTN and Standard Bank could be forced to pay up to $136 million for a patent infringement could prove beneficial for M-Pesa as it seeks to enter the lucrative South African market, it has emerged [...] Vodafone announced its intention to launch M-PESA in South Africa through its subsidiary, Vodacom South Africa, using Nedbank as its banking partner in February.

UniGobalUnion - 20 April 2010
MTN and Standard Bank subject to legal action

- The action could delay the launch of the companies' mobile money service, proving beneficial for M-Pesa and Vodafone, who are also planning to enter the South African mobile money market ...

 

* * * * * *

This is how 3MFuture has always marketed the secure PSOCA payment mechanism: Consumers can switch on / switch off their card via their cellphone. Merchants can only transact with activated (switched on) cards.

 

  MTN Group

MTN

 
   

Figure:
PSOCA card displayed on a mobile phone. The card is normally deactivated and can only be activated by the cardholder.
 

 

And this is how MTN and Standard Bank do it. Same or different?

 

 

MTN

 
   

Figure:
MTN Banking Mobile Money card displayed on a mobile phone. The card is normally deactivated and can only be activated by the cardholder - like with PSOCA.
 

 

 

 

 

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