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Diebold Awarded Decision in FSPA Anti-Trust Lawsuit

Court denies motion from third-party servicers for preliminary injunction

NORTH CANTON, Ohio, July 11 /PRNewswire-FirstCall/ -- Diebold, Incorporated (NYSE:DBD) today announced that the U.S. District Court for the Northern District of California denied a motion filed by the Financial and Security Products Association (FSPA) seeking a preliminary injunction to prevent Diebold from implementing its policies on automated teller machine (ATM) software, parts and documentation.

In rendering its decision, the court recognized Diebold's right to protect its intellectual property, particularly with respect to its diagnostic software and service manuals. The court emphasized that allowing Diebold to enforce its patents and copyrights is in the public interest. The court also found that the FSPA had failed to demonstrate irreparable injury and raised serious questions about whether the organization had legal standing to even bring the claim. Ultimately, the decision validates the Diebold's approach to a program of choice for ATM service and rejects the FSPA's contention that independent service providers are at risk of extinction.

"We are extremely pleased with this decision," said David Bucci, senior vice president of Customer Solutions for Diebold. "The protection of our intellectual property is critical to our ability to make ongoing improvements and innovations in service. We believe our approach to service allows Diebold customers the flexibility to make ATM service choices that best fit their needs and impacts the industry in a positive manner."

Filed last October, the FSPA suit primarily alleged monopolization and unfair competitive practices. 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 denies the allegations and points to its long history of providing customers with service options while still maintaining the ability to develop the innovative products and service capabilities that ATM owners desire.

Diebold, Incorporated is a global leader in providing integrated self- service delivery systems, security and services. Diebold employs more than 14,000 associates with representation in nearly 90 countries worldwide and is headquartered in North Canton, Ohio, USA. Diebold reported revenue of $2.4 billion in 2004 and is publicly traded on the New York Stock Exchange under the symbol 'DBD.' For more information, visit the company's Web site at http://www.diebold.com/.

Source: Diebold, Incorporated

CONTACT: Media, Joe Richardson, +1-330-490-5562, or
richarj4@diebold.com, or Investors, John Kristoff, +1-330-490-5900, or
kristoj@diebold.com

Web site: http://www.diebold.com/