lthough it respectfully disagrees with the District Court’s ruling, Shuffle Master will file this motion because it believes that the Poker One, since its introduction, has been a commercial failure in the marketplace. Furthermore, VendingData, now known as Elixir Gaming Technologies, has indicated its intent to exit the shuffler business.
In addition, Shuffle Master believes, under these circumstances, that it cannot justify spending any further attorney’s fees pursuing an appeal which, even if won, would have no practical commercial benefit to Shuffle Master.
The dismissal of the appeal should have no adverse legal effect on Shuffle Master’s pending motion for the release of its us$ 3 million cash bond, which it posted when it obtained the preliminary injunction in November 2004, nor on VendingData’s motion seeking attorney’s fees. Shuffle Master believes, as a matter of law, that it should be successful on both motions.
Shuffle Master expects its dismissal motion to be granted.