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Mitek Systems, Inc. Message Board

  • whey2play whey2play Apr 1, 2014 1:38 PM Flag

    Court suggested that MIT and USAA mediate a settlment recently....

    any news/feedback on whether either or both parties agreed to pursue that? It could help things along before the SCOTUS decision....since if that case is strong enough to benefit MITK it would be in USAAs interest to settle quickly.

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    • Anyone with Pacer know the date when the court raised this suggestion?
      I would think that if Mitek and USAA have gone 2 years without mediating a settlement, they don't intend to do so now unless the court does more than suggest it. They would have to demand it.

      • 2 Replies to jorlev1164m
      • The parties could be in settlement talks privately and may have told the Judge that they want to complete discovery before engaging in serious talks. The parties could have also told the Judge that settlement is simply not a possibility in this matter. I'm pretty certain that the Judge has talked to the parties about the possibility of settlement at some point. If the parties indicate that settlement is not possible, the Judge won't waste everyone's time with a scheduled settlement conference. That being said, settlement is always possible up to the very last minute.

      • I regularly check the docket on the USAA matter and have not seen reference to any Judge suggesting a settlement conference. Yesterday the Judge ruled on a motion to compel filed by USAA pertaining to Mitk's responses to interrogatories. Mitk argued that the request was overly burdensome. Judge mostly agreed with Mitk, but granted USAA's motion in part and denied in part. Also, recently, Mitk requested for additional time to depose USAA's expert. Parties are given 7 hours to depose an individual and Mitk asked for an additional 7 hours due to the scope of his testimony/reports.

    • I wouldn't give USAA CEO enough credit to do the common sense/humble thing in this case. Someone like
      him will never relent....let alone the penalties. Dirtbag extraordinaire.

    • Courts always try to push towards mediation or settlement. Many courts mandate settlement conferences (supervised by the court) before even allowing the case to proceed (Federal District Courts).

      The case is not a big deal to USAA. Worse case they start paying MITK 4M a year (vs the 400K they were paying before paying zero now).

      While that's a small amount to USAA for MITK it's a large amount.

      USAA has continued through the entire court process to use MITK's software, meaning their customers are hooked and would be upset if Mobile Deposit was pulled.

      My question is whether MITK is going to sue Kofax once the USAA suit is out of the way? Kofax is not a player in the space now, but then TISA wasn't either and MITK is suing them.

      Sentiment: Buy

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