NeoMedia Technologies, Inc (NEOM)

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AND Scanbuy's allegations will not be resolved by the jury trial, as only the USPTO reexamination has the authority to resolve that issue.

NEOM claims that Scanbuy's patent claims are narrow and unenforceable, and NEOM as well as all others who desire to do so, can totally disregard Scanbuy's patents and claims - an issue which also can not be resolved by a jury trial as only the USPTO, in a reexamination of Scanbuy's patent claims can resolve that issue.

The courts can rule on the infringement issue case as this is a legal issue, and both parties can be declared as infringers of each other in a jury trial - case dismissed or hung jury. One or the other or both can be over ruled by the USPTO reexamination of the patent claims.

My opinion is that the Scanbuy suit is a counter suit against NEOM's original infringement suit, and they expect to gain some jury trial traction publicity, just to keep their name in the headlines in the event NEOM's reexamination continues to drag out over time.

These two cases have become a political and public sentiment football. Scanbuy is counting on a win in this case to affect public and political sentiment. It could happen.

Sort of like all those politicians loving their Blackberry.