
Elixir Gaming Wins
Summary Judgment on all Claims in Shuffle Master Patent Litigation

Las Vegas, NV & Macau – February
4, 2008 - Elixir Gaming Technologies, Inc. (AMEX:EGT) (“Elixir
Gaming” or “the Company”) (formerly known
as Vending Data Corporation) today announced that the U.S.
District Court For The District Of Nevada has granted its
motion for summary judgment on all patent infringement claims
asserted by Shuffle Master Inc. (NASDAQ Global Select Market:
SHFL) (“Shuffle Master”) with respect to U.S.
Patent No. 6,665,684 (the '684 patent) dealing with automated
shuffler technology.
In 2004, Shuffle Master brought this action
against the Company seeking to enjoin the Company from selling
its new shuffler. Shuffle Master obtained a preliminary injunction
against the Company and posted a $3 million bond to secure
the Company against harm in the event that the preliminary
injunction was erroneously granted. On December 27, 2005,
the United States Court of Appeals for the Federal Circuit
held that the preliminary injunction had been erroneously
granted. Accordingly, the Federal Circuit vacated the preliminary
injunction and remanded the case to the District Court for
further proceedings. The District Court now has granted summary
judgment in the Company's favor and against Shuffle Master
on all claims in the case. The District Court's order found
that the Company did not infringe Shuffle Master's patent,
either literally or under the doctrine of equivalents. Although
the District Court's order is subject to appeal by Shuffle
Master, Elixir Gaming believes that the order likely ends
Shuffle Master's attempt to preclude the Company from selling
its automated shuffler technology in competition with Shuffle
Master. Elixir Gaming intends to seek recovery from Shuffle
Master of $3 million on the preliminary injunction bond, which
remains outstanding, as well as the Company's legal fees.
Lead outside counsel for Elixir Gaming are Kimball R. Anderson
and Eric J. Marcotte, of Winston & Strawn LLP.
Gordon Yuen, Executive Chairman and CEO of
Elixir Gaming, commented, “I commend our internal and
external legal teams for their tireless and successful defense
of this ongoing litigation with Shuffle Master. When Shuffle
Master wrongfully attempted to bar the Company from competing
with Shuffle Master, we were forced to defend ourselves so
as to protect the interests of our customers and shareholders.
We intend to immediately and vigorously pursue Shuffle Master
for the harm caused to our company and its shareholders.”
About Elixir Gaming Technologies,
Inc.
Elixir Gaming Technologies Inc. (“Elixir Gaming”)
is a member of Elixir Group, an innovator of gaming technology
solutions and a wholly owned subsidiary of Melco International
Development Limited. Elixir Gaming, in collaboration with
Elixir International (which is also a member of Elixir Group),
secures long-term contracts to provide comprehensive turn-key
solutions to 3, 4 and 5 star hotels, cruise ships and other
well-located venues throughout Asia that seek to offer casino
gaming products. Elixir International assists the venue and
venue owner with the licensing and regulatory process, physical
casino design, construction management, slot and game floor
design layout purchases the gaming machines and systems from
the industry’s leading gaming equipment suppliers and
installs the gaming machines and systems such that the casino
is delivered in a fully operational state. Elixir Gaming retains
ownership of the gaming machines and systems and receives
recurring daily fee of at least 20% of the net gaming win
per machine and provides on-site maintenance. The Company
has established a strategic presence in the Asia Pacific region
with participation contracts in the Philippines, Cambodia,
Vietnam and other Asian markets. For more information please
visit www.elixirgaming.com.
About Elixir Group
Elixir Group is an important strategic component
of Melco International Development Limited’s gaming
and leisure entertainment focus. Elixir Group holds the distinction
of being a “home-grown” brand: a full-fledged
game manufacturer based in Asia – designing, developing
and supplying gaming machines and technology solutions (surveillance,
LEDs, ATMs) for the Asian market. With gaming research and
development centers in Macau and the Philippines, proximity
to key growth markets provides Elixir Group with competitive
advantages. As a pioneer in the competitive Asian gaming market,
Elixir Group, through its wholly-owned subsidiary, Elixir
International, has consistently delivered exciting solutions,
expert sales advice and professional gaming support. Elixir
International has forged alliances with leading gaming and
technology companies and by accessing its partners’
manufacturing capabilities is able to focus entirely on innovative
product design and customer service. Elixir International
has also secured several strategic agreements in the provision
of gaming technology infrastructure for various gaming concession
holders in Macau.
Forward Looking Statements
This press release report contains forward-looking
statements concerning Elixir Gaming Technologies within the
meaning of Section 27A of the Securities Act of 1933, as amended,
and Section 21E of the Securities Exchange Act of 1934, as
amended. Those forward-looking statements include the Company's
expectations, beliefs, intentions and strategies regarding
the future. Such forward-looking statements relate to, among
other things: (1) the Company’s beliefs concerning Shuffle
Master’s chances of success on appeal should it choose
to appeal the District Court’s order; (2) the Company’s
chances of recovering some or all of the $3 million bond posted
by Shuffle Master; (3) expectations for the business relationship
between Elixir Gaming Technologies, Elixir Group and Elixir
International, including the recurring revenue that may develop
from the relationship with Elixir Group and/or Elixir International;
and (4) the Company’s expectations for future product
revenue. Such statements are subject to certain risks and
uncertainties, and actual circumstances, events or results
may differ materially from those projected in such forward-looking
statements. Factors that could cause or contribute to differences
include, but are not limited to, risks related to (1) Shuffle
Master’s ability to overturn the District Court’s
order on appeal and pursue further the litigation; (2) the
Company’s inability to recover a significant portion
of the $3 million bond; (3) Elixir Group’s inability
to place gaming machines at significant levels; and (4) Elixir
Group's ability to place games that generate the expected
amount of net-win. Elixir Gaming Technologies cautions readers
not to place undue reliance on any forward-looking statements.
Elixir Gaming Technologies does not undertake, and specifically
disclaims any obligation, to update or revise such statements
to reflect new circumstances or unanticipated events as they
occur.
CONTACT:
Richard Land, Dave Jacoby
Jaffoni & Collins Incorporated
212/835-8500; egt@jcir.com
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