Contact Information: CONTACT: Michael Brennan Chairman Email: Telephone: (805) 557-0614
Micro Imaging Technology, Inc. Provides an Update on Litigation Against Divine Capital Markets, LLC
| Quelle: Micro Imaging Technology, Inc.
SAN CLEMENTE, CA--(Marketwire - May 22, 2009) - Micro Imaging Technology, Inc. (OTCBB : MMTC ) announced today that on May 11, 2009 Divine Capital Markets, LLC
("Divine") and a group of investors sued MIT and several of its officers
and directors in New York Supreme Court, New York County. Plaintiffs
alleged breach of contract and unjust enrichment by the Company, as well as
fraud, tortious interference with a contractual relationship and breach of
fiduciary duty by the Company's officers and directors. The lawsuit
alleges that the Company breached certain conversion provisions of secured
convertible debentures purchased by investors during 2008. In addition to
money damages, Plaintiffs seek the issuance of 2,424,240 shares of the
Company's common stock to plaintiffs and assignment of the Company's
patents to Plaintiffs.
On May 12, 2009, before the Company had been able to retain New York
counsel, Plaintiffs obtained a temporary restraining order, which barred
the Company from using or assigning any of its patents pending a hearing
scheduled for May 19. Divine also filed a motion for preliminary
injunctive relief seeking an order: (i) compelling the Company to cease and
desist any and all use of several patents; (ii) permitting plaintiffs to
sell or otherwise dispose of the patents; (iii) compelling the Company to
immediately issue the 2,424,240 shares to the investors; and (iv)
compelling the Company to issue all shares covered by the convertible
debenture agreement.
The Company opposed Divine's motion. On May 19, at the conclusion of oral
argument on Plaintiffs' motion, Justice Richard B. Lowe, III ruled in the
Company's favor. Justice Lowe vacated the temporary restraining order and
denied plaintiffs' motion for a preliminary injunction in full. The
Company intends to vigorously defend this matter as the lawsuit proceeds.
Additional information can be obtained by viewing MIT's latest SEC 8K
filing.
About Divine Capital Markets LLC:
Divine is a boutique institutional brokerage firm with expertise and
innovation in trading, research and investment banking. Divine is
recognized for providing institutional portfolio managers, corporations,
pension plan sponsors, hedge funds and a short list of accredited investors
with high quality trading strategies, research, consulting services and
private wealth management. Divine Capital Markets is a certified WBENC
firm.
About Micro Imaging Technology:
The Company has developed and patented a technology for rapid microbe
identification (ID) the MIT 1000 System ("System"). The System ID process
is significantly different from all conventional ID methods and does not
rely on chemical or biological agents, conventional processing, fluorescent
tags, gas chromatography or DNA analysis -- the process is totally GREEN
requiring only clean water and a sample of the unknown bacteria.
MIT is completing an extensive, almost one-year duration, evaluation by the
AOAC Research Institute which is part of AOAC International and maintains
an up-to-the minute list of Performance Tested Methods which have been
independently tested, rigorously evaluated and thoroughly reviewed by the
AOAC RI and its expert reviewers. The testing criterion for the
identification of Listeria defined three specific requirements: 1)
Documentation of all procedures, including; laboratory guidelines, user's
manual, hardware and software specifications and record keeping. 2)
Provability of the accuracy and repeatability of MIT's test method that
AOAC IR assigned to two independent laboratories. The collective labs
performed 81 identification tests of which 99% were properly identified by
the MIT 1000. 3) A total of 406 ruggedness tests were also performed to
provide the user with an understanding of the System's ID's flexibility if
procedures are varied from MIT's recommended test procedure. The AOAC RI
Report should be available in mid-June 2009.
Further, MIT has demonstrated the ability to detect and identify, within
several minutes, the microbes Escherichia coli, Listeria, Salmonella,
Staphylococcus aureus, and other pathogenic bacteria. MIT recently
performed over 300 tests for the identification of the aforementioned
contaminants and scored 95% accuracy. The System can currently identify 23
species of bacteria and is easily expandable. The identification process
has been verified by North American Science Associates, Inc. (NAMSA), an
independent, internationally recognized biological testing laboratory. The
NAMSA Test Report, in MIT's opinion, demonstrated the accuracy, speed and
cost effectiveness of the System over conventional processes and is readily
available from the Company
This release contains statements that are forward-looking in nature.
Statements that are predictive in nature, that depend upon or refer to
future events or conditions or that include words such as "expects,"
"anticipates," "intends," "plans," "believes," "estimates," and similar
expressions are forward-looking statements. These statements are made
based upon information available to the Company as of the date of this
release, and we assume no obligation to update any such forward-looking
statements. These statements are not guarantees of future performance and
actual results could differ materially from our current expectations.
Factors that could cause or contribute to such differences include, but are
not limited to dependence on suppliers; short product life cycles and
reductions in unit selling prices; delays in development or shipment of new
products; lack of market acceptance of our new products or services;
inability to continue to develop competitive new products and services on a
timely basis; introduction of new products or services by major
competitors; our ability to attract and retain qualified employees;
inability to expand our operations to support increased growth; and
declining economic conditions, including a recession. These and other
factors and risks associated with our business are discussed from time to
time within our filings with the Securities and Exchange Commission.