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UPDATE 2-Jury rejects FICO claims in credit score lawsuit

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Fri Nov 20, 2009 3:49pm EST

 * Jury rejects Fair Isaac claims related to credit scores
 * Fair Isaac says to appeal
 * "FICO" score, VantageScore at issue
 (Adds VantageScore Solutions CEO comment; updated shares)
 NEW YORK, Nov 20 (Reuters) - A federal jury in Minneapolis
on Friday ruled against Fair Isaac Corp (FICO.N) in its lawsuit
accusing Experian Plc (EXPN.L) and TransUnion LLC of antitrust
and trademark violations for using a credit scoring system that
competes with its widely used "FICO" score.
 The verdict allows Experian and TransUnion to continue to
use their "VantageScore" rating. Experian and TransUnion, in
separate statements, said the jury also found that Fair Isaac
made a misrepresentation to the U.S. Patent and Trademark
Office in registering a trademark for its credit score.
 Fair Isaac said it plans an appeal.
 In its October 2006 lawsuit, Fair Isaac alleged that
VantageScore, which uses a 501 to 990 range, was confusingly
similar to its FICO score, which uses a 300 to 850 range. It
said use of VantageScore constituted trademark infringement,
unfair competition and a deceptive trade practice.
 Another credit bureau, Equifax Inc (EFX.N), was originally
also a defendant, but was dropped from the case in June 2008
when it entered a marketing agreement with Fair Isaac.
 Credit bureaus get royalties when they sell credit scores
to banks and other lenders, which use the scores in deciding
whether and at what cost to make loans to consumers.
 Creators of VantageScore contended the 501 to 990 more
easily aligns with letter grades ranging from "A" to "F." They
set up the joint venture VantageScore Solutions LLC in 2006 to
develop an alternative to FICO.
 Barrett Burns, chief executive of VantageScore Solutions,
said the case's outcome could result in added market share.
 "The lawsuit been a distraction, and I am sure there have
been some lenders out there that have been hesitating using
VantageScore," he said in an interview.
 Fair Isaac previously said it would appeal a July decision
by U.S. District Judge Ann Montgomery to dismiss some of its
claims in the case.
 In late afternoon trading, Fair Isaac shares were unchanged
at $18.77 on the New York Stock Exchange.
 The case is Fair Isaac Corp v. Equifax Inc et al, U.S.
District Court, District of Minnesota, No. 06-04112.
 (Reporting by Jonathan Stempel; Additional reporting by Al
Yoon; Editing by Richard Chang)