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FSPA drops anti-trust lawsuit against Diebold

August 2, 2005

NORTH CANTON, Ohio - Diebold Inc. announced in an Aug. 3 news release that a federal judge has signed an order dismissing an antitrust lawsuit filed by the Financial and Security Products Association against the ATM manufacturer.

FSPA voluntarily dismissed the claim with prejudice. The complaint alleged unfair competitive practices with respect to Diebold's ATM service policies.

"This decision clears the way for us to continue to make and build upon the considerable investments in our superior service technology and intellectual property that we believe provides customers with the most dependable service available," David Bucci, senior vice president of Diebold Customer Solutions. "We have a long-standing policy of accommodating customers with flexible ATM service choices tailored to their needs."

Last month, the U.S. District Court for the Northern District of California denied a motion filed by FSPA seeking a preliminary injunction to prevent Diebold from implementing its policies on ATM software, parts and documentation.

In denying the preliminary injunction, the court recognized that it was in the public interest to allow Diebold the right to enforce the patents and copyrights of its intellectual property, particularly with respect to its diagnostic software and service manuals. The court also ruled that the FSPA had failed to demonstrate irreparable injury and raised serious questions about whether the organization ultimately had a legal standing to bring the claim.

Last October, the FSPA filed the lawsuit on behalf of its members, which include several third-party maintenance providers that service ATMs manufactured by Diebold and other similar companies. Diebold vehemently denied the allegations and pointed to its long history of providing customers with service options, while still maintaining the ability to develop the innovative products and service capabilities.

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