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No new entries on Pacer and no settlement conference date set as of this morning.
Claw, do you have an opinion as to where the case might stand as far as discovery is concerned. From the docket back in 2007, close of discovery was previously ordered by Judge Sprizzo then subsequently the parties agreed to stay the case pending USPTO review of the 048 patent. Now that the stay has passed will discovery be extended or would the previous deadline still stand? TIA
U.S. District Court
United States District Court for the Southern District of New York (Foley Square - Suspense)
CIVIL DOCKET FOR CASE #: 2:04-cv-03026-RJH
11/09/2007 40 STIPULATION AND ORDER; the parties respectfully request that the Court (1) place this action on the suspense docket for six months, (2) adjourn all scheduled deadlines in this action, and (3) set a status conference for a date approximately five months from now. The parties shall submit a joint status report to the Court ten days before the status conference. In the event that this action is not re-activated by the Court or by motion of either party on or before such date that is six months from the "So Ordered" date of this Stipulation and Order, this action shall remain on the suspense calendar and shall not automatically be dismissed. Pretrial Conference set for 4/10/2008 at 03:00 PM before Judge John E. Sprizzo. (Signed by Judge Peter K. Leisure, Part I on 11/07/07) (ae) (Entered: 11/13/2007)
09/11/2007 39 STIPULATION AND ORDER that the close of fact discovery is extended to 11/16/07 and expert discovery to 12/14/07; Markman hearing set fpr 1/15-17/08. Fact Discovery due by 11/16/2007. (Signed by Judge John E. Sprizzo on 9/4/07) (cd) (Entered: 09/11/2007)
07/26/2007 38 STIPULATION AND ORDER: Close of fact discovery: 9/14/2007; Close of expert discovery due by 10/15/2007; Markman Hearing: 11/13/2007 (currently set). (Signed by Judge John E. Sprizzo on 7/19/2007) (jar) (Entered: 07/27/2007)
02/07/2007 Set Deadlines/Hearings: Discovery due by 7/30/2007., Markman Hearing set for 11/13/2007 11:00 AM before Judge John E. Sprizzo. (js) (Entered: 02/08/2007)
Barcode scanners for the right “sell by date” – but what about mobile?
Posted by Bena Roberts on Jun 9, 2009 10:12
Interesting article over at Life hacker, about barcodes in supermarkets and how they can be used to ensure that only good products are sold.
When the barcode is scanned in the shop it will alert the cashier if the product is out of date or not.
What we think?
Well in short, what a simple idea. I like this and it is also a quick way of getting rid of stock by reducing it at the checkout if the product nears its sell by date.
In fact – what a brilliant customer retention scheme that all products that are on their sell by date get an immediate reduction at the checkout. This would save staff time and effort when finding products and basically putting reduce now or red marker stickers on them.
But what about mobile?
OK, we are seeing the development of new business models for mobile barcodes in mobile and ShopSavvy and others are trying to target the mobile search barcode space.
But what is happening right now isn’t even a dent in the mobile barcode space… or at least the potential of mobile barcode services.
Like what?
Well. Think about it this way. We all know the mobile phone is personal. We all know that search advertising will be overtaken by display in the next 18 months.
We also all know that implementation of barcodes is a cost efficient way of adding mobile to any product’s life cycle and equation.
But what we don’t know is what the retail segment of the future will look like. OK, self-checkout tills are being placed in shops globally but some European countries are much for advanced than others when it comes to the shopping experience.
For example: in the UK the consumer is king and service is essential .
In Germany service is awful, shops look like crap, no one helps you to pack and you are not treated as a customer.
What does this mean?
Well this means that mobile bakeries and freezers and shops in cars have sprung up in Germany to save users from the awful shopping experience.
But what really needs to happen to manage expectations in the retail industry? Well, in short
· Mobile must be on everyone’s business model for the future of retail
· Applications using mobile codes 1D and 2D need to work seamlessly together
· Retail outlets must be educated about the mobile Internet or applications for different services
· One case study must be made by a supermarket or retailer to sell on the whole concept of mobile barcodes, search, discovery and purchasing. For example – a WINE iPhone application that recommends, sends, and will buy wine for a consumer instantly.
What about mobile barcode providers
Mobile barcode providers have a wishy washy business model. They want to win operators and have cool social media services – but they are not chasing the money.
Forgetting mobile operators and getting into the enterprise and making the enterprise demand services from mobile operators is they way forward. This is because operators don’t want to pay start ups –but will please enterprises’ that use their services and line operators’ pockets. By targeting the enterprise with a self-service or made for mobile product (for free) the vendor will have a greater chance to penetrate new business avenues instantly.
At the moment the operator sales is a hard, expensive (vendor pays all costs up front and benefits in the future from revenue share) and time consuming business.
Using brand managers time not to cold call into operators but to create state of the art applications targeted for specific brands will drive mobile barcodes and make the industry a cash cow.
http://www.gomonews.com/barcode-scanners-for-the-right-%e2%80%9csell-by-date%e2%80%9d-%e2%80%93-but-what-about-mobile/
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Major Delays Feared For UPC Successor DataBar
Written by Fred J. Aun
June 4th, 2009
As retailers this month celebrate (or at least give a yawning acknowledgement of) the 35th anniversary of the Universal Product Code (UPC), there are increasing signs that merchants aren’t quite ready for its proposed replacement, the GS1 DataBar.
GS1 US, the United States arm of the international standards body GS1, has been pushing Jan. 1 as the voluntary adoption (aka “sunrise”) date for the more muscular DataBar. DataBars on produce reveal not only the price and type but can also identify the brand, provide expiration data and other important information. Produce bearing DataBar labels can be scanned at self-service kiosks and when the new barcodes are printed on coupons, they eliminate the need for cashiers to validate whether the promotional products are included in the items purchased.
GS1 US has urged certain retailers, primarily supermarkets selling fresh produce and accepting coupons, to have their POS and backend systems ready to handle DataBar by New Year’s Day. The likelihood of that happening, however, appears to be slim, something made apparent to those who attended April’s Association of Coupon Professionals (ACP) Conference in San Antonio. They heard about substantial retailer indifference to the GS1 US’s efforts, through surveys designed to determine DataBar adoption readiness. Many at the sessions said GS1 US will be likely have to move the sunrise date down the road.
The economy is just one factor in the delay, but it’s a key one. With extensive store closings, retail layoffs and dramatic budget cuts, Top Ten priority lists have become Top Three priority lists. Those tighter priorities have to be completed with fewer IT people, which means anything that won’t likely yield an immediate margin boost isn’t likely to make the initial cut.
This certainly doesn’t mean that DataBar is in jeopardy, but that it will, like a thousand other technology advancements that preceded it, have to wait quite a few more months for rollout than it had hoped for.
Although there was no formal announcement from GS1 US at the ACP conference, Ahold Information Services Vice President of Applications Development Alan Williams gave a presentation where he said a January replacement of the current UPC-A barcode with the DataBar “would create a significant hardship for a large number of retailers.” Ahold, a Netherlands-based grocery chain operator with sales of $40 billion, has about 1,400 stores in the U.S. including Stop&Shop and Giant.
Williams talked about the GS1 US survey that found 65 percent of retailers said they wouldn’t be ready by Jan. 1 to process coupons bearing the DataBar.
Nevertheless, as of early June, GS1 US was taking a very different view, arguing most U.S. retailers were on-board. The organization didn’t seem to be backing away from the Jan. 1 adoption schedule.
“The U.S. is still moving forward” with the New Years Day recommendation, said GS1 US spokeswoman Varsha Anand. “Retailers in other countries have asked for a little bit more time, but the retailers here feel they can meet it.”
Andrew Verb, president of Bar Code Graphics, a company that specializes in bar code artwork, was one of the ACP conference attendees who left the event believing the Jan. 1 sunrise was in jeopardy. “They read a statement indicating that the survey from retailers was indicating it is very unrealistic that a mass populous of grocery store retailers will be ready by the Jan. 1 sunrise date,” Verb said. “They indicated GS1 would be announcing something shortly.”
Given that the Jan. 1 is merely a target, there’s no specific need for GS1 to officially change anything. It will be a goal for all and those that make it will make it. Those that deploy six months later will, well, deploy six months later.
Verb said some of the biggest grocery chains, including Wal-Mart, Winn-Dixie, Krogers and Canada’s Loblaw, are ready for DataBar. However, many smaller chains have yet to install and test the technology needed to process the new labels, he noted.
Although most modern POS scanners are capable of reading DataBar, obtaining, installing and testing the software needed to process and take advantage of the extra information is proving to be a bigger challenge for many retailers than was originally pitched.
“I’ve heard a lot of different stories,” Verb said. “It’s not a simple software patch. This barcode carries a lot more data than is typically passed through the systems.”
But there are those who doubt GS1 US will buckle under pressure to relax the sunrise date. One of the folks in that camp is John Baily, executive director of Top 10 Produce, a California company that helps small farms attain DataBar labels for their produce.
“They’re not going to move that date” said Baily, who said he is “obsessed” with the improvements made possible with the DataBar. “That sunrise date is that sunrise date. Whether retailers are up to speed or not is another story.”
Baily said adoption of the new labels would help the agriculture industry comply with the proposed Food Safety Enhancement Act of 2009 which, in part, calls for better food source traceability. “President Obama is making this (loose produce traceability) an agenda item,” Baily said. “There is no way this (sunrise) is going to get pushed back. The only way you can label loose produce is with the DataBar.”
Additionally, Baily argued that grocery retailers who procrastinate when it comes to DataBar adoption will be placing themselves at a competitive disadvantage. “In order to compete, they’re going to have to jump on the bandwagon,” he said. “There are way too many benefits to the retailer that does have the GS1 DataBar scanners if the labels are on the produce. There are benefits for category management, shrink-reduction, self-checkout efficiencies, auto-reordering and they can see which products are selling faster. So if their competition is benefiting and they are not, eventually they’re going to have to do it. The question is whether they will jump on-board from Day One.”
To a large extent, retailer adherence to the Jan. 1 recommended adoption date will be driven by the actions of suppliers. Many coupons now have both the venerable 35-year-old UPC and its newfangled replacement. When those long-in-the-tooth UPCs disappear, cashiers at stores that are not DataBar-ready will be forced to enter coupon information manually. And when those extra minutes start eating into the number of transactions each cashier can process in an hour, someone in corporate is likely to start taking notice.
http://www.storefrontbacktalk.com/supply-chain/major-delays-feared-for-upc-successor-databar/
Will Neoreader read the GS1 Data Bar codes? Anyone?
From a blog post in April: Dilution seems to be nonexistent since Landino took over!
A message from the CEO
Posted in Message from the CEO on April 15, 2009 by phantomadmin
As far as posting finances, we will not do it without counsel approval. NASD investigators have called me and asked for some company documentation over two months ago. Everything checked out and there are no issues but it makes no sense to do something which might jeopardize our efforts. Not one (1) share has left the company treasury since we took over, rest assured. We have made one wire to the manufacturer and not on person on our team has been paid anything yet.
John Landino
http://pheiblog.wordpress.com/2009/04/
PHEI .0009x.001 +28% with volume!
PHEI might run today! Good start 9's getting hit!
PHEI .0008x.0009 may run today!
ITS ALL COMING TOGETHER HERE!!
Lapboard Ship Dates
The ship will being departed on June 15, and arrived in Miami on July 9th while I also have TNT sending me Lapboard units via air for sales purposes. The units sent via TNT should be here in two weeks. Now that we have a flushed out manufacturing and shipping process, all future orders will go much smoother and timely. iOne has done a great job in supporting the Lapboard and our vision. Many thanks to Jenn, our iOne account rep, who has been through the quite a bit to get the Lapboard through the assembly line and out the door to the USA.
Again this all would not be possible without Terry, Jim and Dick. All three have always took time out of their busy days to lend a hand to the Phantom cause.
Next steps: start marketing and polishing up our website.
Cargo ready: 05 JUN
CFS cut-off: 09 JUN 1700
ETD HKG: 15 JUN
ETA MIA : 09 JUL
http://pheiblog.wordpress.com/
3500 games 10 WLP's getting bigger by the day!
GameStreamer has been operating in stealth more for over a year and is preparing for a massive July 1st launch with 10 White Label Partners.
http://gamestreamer.net/content/newsroom.html
GS FlagShip store soft launch appears to be live!
News – Soft Launch of GameStreamer StoreGameStreamer is pleased to announce the soft launch of its store. We have been working hard on the development of our Enterprise Class gaming service. With hundreds of servers spread in multiple data centers across the world and over 3000MBs to the internet, we have the most robust and advanced gaming system to be offered.
Our soft launch is being used to fine tune the hardware, service layers, content and website. We are starting with a small number of titles and will be adding more daily until we reach the 3500 games we currently have under contract. But we won’t stop there; our catalog is continuing to grow daily as we add the best core and casual titles on the market.
Watch for our July 1st partner store launches!
Timothy Munro Roberts
CEO
http://games.gamestreamer.net/
A little more insight as to how GS will work for PHEI IMO
7% of gross annual revenue does not necessarily mean that it's paid on an annual basis, I guess it could be, but I would be more inclined to think monthly or quarterly myself. Guess we'll have to wait for clarification from the company.
2500 new games and a July 1 launch should do just that. Hope to see a gamestore relaunch and lapboard delivery at the same time. Of course a nice PR stating the same would not hurt. Locked and loaded here GLTA.
I think that the regulars here would rather hear something from the company than each other. I'm sure several are watching closely, I know that I have been.
BIPH share structure is maxed out, 243MM AS 250MM OS. Proxy vote to increase AS was recently defeated. Persistent buying over the last couple of weeks. Company has been very quiet for months which is a departure from prior mo.
We will be doing a soft launch on our own store June 1st and will be launching with 7 White Label Partners on July 1st with over 20 million unique visitors per month of initial partner traffic.
http://wlp.gamestreamer.net/faq/
YJ, the warrants disappeared from the filings between the proxy filing that was filed on 10/09/08 and the subsequent 10Q that was filed on 11/14/08. It appears to me that there may have been a duplication of 450mm warrants reported in the proxy filing that were associated with the July SPA. Note from the screen shots provided that there appears to be a duplication of warrants dated July 29 and Oct 20 in the proxy filing that are no longer there in the 10Q.
Edited to add: having reviewed my own post I have the dates wrong. The warrants were added to the proxy filing which post dates the 10Q (filed earlier). Those 450mm are not on the Q or the K but still appear to be duplications.
http://ih.advfn.com/p.php?pid=nmona&cb=1243376114&article=28623303&symbol=NB%5ENEOM
http://ih.advfn.com/p.php?pid=nmona&cb=1243376114&article=29340310&symbol=NB%5ENEOM
The blue one that says Phantom Entertainment on it!
5th page down from the top.
See the Phantom Logo on this page?
http://wlp.gamestreamer.net/
Better get some of those 6's while they last, this could get real big real fast!!
Start by looking over the following links. IMO PHEI will white label the GS game store, which looks to be about ready to launch. PHEI will keep the revenues generated from their WLP gamestore at the guidelines outlined on the GSI and Streamserv websites. In addition they have an agreement with GSI in which they hold 49% interest and are entitled to 7% of gross revenues.
http://wlp.gamestreamer.net/
http://wlp.gamestreamer.net/overview/
http://wlp.gamestreamer.net/about/
http://wlp.gamestreamer.net/faq/
8. Is GameStreamer live today? If not, when will it go live?
GameStreamer has been in development for over a year and is using technology that took 8 years to develop. We currently have a private beta store live at http://games.gamestreamer.net . We will be doing a soft launch on our own store June 1st and will be launching with 7 White Label Partners on July 1st with over 20 million unique visitors per month of initial partner traffic.
What does this screenshot tell you about the PHEI gamestore? CEO stated that GS is not part of PHEI but that doesn't mean that they are not partners and that PHEI doesn't have a vested interest in GS.
Whatever, I've been watching IDGI for awhile debating on if and when to get in. Just came accross the article on another board and thought you folks might like to know about it. Didn't realize it had already been posted. So you longs go ahead and debate the merits of the investigation and I'll stay out of it.
INCA investors implicated in pump and dump scheme - last page.
INCA Designs Inc., a Nevada company, "purported to be in the business ... of designing and marketing swimsuits and resort wear to women and children."
http://www.delawareonline.com/article/20090522/NEWS01/905220401
It also says that on 2/19 ( 2 days after patent win) that 156 shares of Series C were converted into 120 million common which exceeds the 4.99% limitation. (1,750,000,000 x.0499 = 87,325,000)
2/19/2009 156.0 120,000,000
[GameStreamer FlagShip Store] Your account has been activated!
GameStreamer FlagShip Store [info@gamestreamer.net]
Sent: Wed 5/20/2009 2:32 PM
To: xxxxxxx
Krays, your account has been activated. Welcome aboard!
http://games.gamestreamer.net/
Many thanks,
GameStreamer FlagShip Store
I'm not making the argument that one is better than the other, you are.
I am simply stating that NEOM can support both direct and indirect campaigns. This provides flexibility to advertisers etc that no one else can deliver without a license or possible infringement lawsuit.
I would also point out that the CTIA CSAT (Code Scan Action Team) whose members include most if not all of the major US carriers has fully endorsed the indirect model. Last I knew the carriers still held a lot of clout in the US.
http://www.ctia.org/business_resources/index.cfm/AID/11478
http://74.125.45.132/search?q=cache:e6PN4AK1YlgJ:files.ctia.org/pdf/WhitePaper_CTIA_WIC_CodeScan_9_08.pdf+ctia+barcode+white+paper&cd=1&hl=en&ct=clnk&gl=us
The stated intent of the White Paper is to “help define, develop and promote a multi-player, interoperable ecosystem” when coupled with the objective to “Accelerate widespread publication and usage of 2D code scanning in the US” are sound premises which we fully support
It also fully supports the indirect code scanning approach which of course is covered by key NeoMedia patents in the US and for which presently, no one else is licensed to use.
Iain McCready comments to Gomo Nnews.
http://www.gomonews.com/neomedia-commentary-on-ctia-code-scan-action-team-white-paper/
2D Barcode etched in glass
Not to be outdone by our QR Belt Buckle story from yesterday….
Yorkville Advisors have sent me this image from their London offices.
Its a 2D Barcode that points to NeoMedia’s site (Yorkville are investors in NeoMedia). It works as well when you take a picture of it.
http://www.gomonews.com/2d-barcode-etched-in-glass/
It would be fair to say that NEOM is the only company in the barcode space that can deliver both direct and indirect campaigns without a license. This alone is a huge advantage don't you think?
Judge-Hosted Settlement Conferences. The most common form of ADR used in federal and state courts is the settlement conference presided over by a judge or magistrate judge. Almost 94 of the federal district courts use judicial settlement conferences routinely, and nearly one-third of the courts assign this role almost exclusively to magistrate judges.
The classic role of the settlement judge is to articulate judgments about the merits of the case and to facilitate the trading of settlement offers. Some settlement judges and magistrate judges also use mediation techniques in the settlement conference to improve communication among the parties, probe barriers to settlement, and assist in formulating resolutions. In some courts, a specific judge or magistrate judge is designated as settlement judge. In others, the assigned judge (or another judicial officer who will not hear the case) hosts settlement conferences at various points during the litigation, often directly before trial.
http://www.ilr.cornell.edu/alliance/resources/basics/court_programs.html
http://www.vawd.uscourts.gov/judges/Urbanski/documents/ViewFromtheBench.pdf
Success, here is what I find in the Docket for the SB vs NEOM case.
U.S. District Court
United States District Court for the Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:09-cv-04297-RJH
Date Filed # Docket Text
05/01/2009 1 CASE TRANSFERRED IN from the United States District Court - Eastern District of Texas; Case Number: 5:08-cv-199 DF. Original file with documents numbered 1-22, certified copy of transfer order and docket entries received.Document filed by Scanbury, Inc., Marshall Feature Recognition LLC.(ama) (Additional attachment(s) added on 5/7/2009: # 1 doc.3, # 2 doc.4, # 3 doc.5, # 4 doc.6, # 5 doc.9, # 6 doc.10, # 7 doc.11, # 8 doc.12, # 9 doc.13, # 10 doc.14, # 11 doc.15, # 12 doc.16, # 13 doc.17, # 14 doc.18, # 15 doc.19, # 16 doc.20, # 17 doc.21, # 18 doc.22, # 19 doc.23) (ama). (Entered: 05/07/2009)
05/01/2009 Case Designated ECF. (ama) (Entered: 05/07/2009)
05/01/2009 CASE REFERRED TO Judge Richard J. Holwell as possibly Related to 1:04-cv-3026. (ama) (Entered: 05/08/2009)
05/18/2009 CASE ACCEPTED AS RELATED. Create association to 2:04-cv-03026-RJH. Notice of Assignment to follow. (ldi) (Entered: 05/18/2009)
05/18/2009 2 NOTICE OF CASE ASSIGNMENT to Judge Richard J. Holwell. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 05/18/2009)
05/18/2009 Magistrate Judge James C. Francis IV is so designated. (ldi) (Entered: 05/18/2009)
It looks like there will be advertising revenue along with game sales/distribution. The site looks to be very close to launch. GSI Site - vault now redirects to game store.
http://games.gamestreamer.net/
http://www.gamestreamer.net/
If all you're counting on is the lapboard you probably should have gotten out a long time ago.
NEOM is the assignee.
This application is nearing issue. SRM, was hoping you might be able to weigh in as to it's significance.
Transaction History
Date Transaction Description
05-13-2009 Amendment after Notice of Allowance (Rule 312)
05-13-2009 TC Return to Pubs
Available Documents
05-13-2009 A.NA Amendment after Notice of Allowance (Rule 312) 1
05-13-2009 SPEC Specification 1
05-13-2009 REM Applicant Arguments/Remarks Made in an Amendment 1
05-13-2009 N417 EFS Acknowledgment Receipt 2
05-13-2009 EXIN Examiner Interview Summary Record (PTOL - 413) 3
05-13-2009 EX.A Examiner's Amendment Communication 1
05-13-2009 EX.A Examiner's Amendment Communication 2
05-13-2009 FWCLM Index of Claims 2
Latest News:
iOne has informed me the membrane is now ready and they are sending me a new sample for testing and approval. If the sample gets approval we will start the production run. Once I get the Lapboard we will give another update.
http://pheiblog.wordpress.com/