NeoMedia Technologies, Inc (NEOM)

[kokonutguy]

Neomedia's core patent is rock solid. Enough said.

The eighty-nine claims that resulted from this reexamination process encompass the specific embodiments set forth in the '048 patent, and according to Dennis Priddy, Senior Vice President of Operations at NeoMedia, cover the existing business model of NeoMedia as well as many competing products in use today. During reexamination, NeoMedia clarified that (1) the bar code resolution database resides on a remote server computer, (2) the database stores predetermined relationships that link bar code data to a pointer (e.g. a URL) and (3) the pointer is returned from the database to the user device to enable that user device to communicate with the remote information computer directly (such as with a browser redirect command). Further according to Dennis Priddy, NeoMedia is unaware of any instance in commercial use today where the resolution database resides anywhere but a remote server computer. From a practical commercial standpoint the '048 patent has clarified and strengthened, not narrowed.

EFF claims on its website that third parties can now design around the '048 patent, and purports to inform the pubic how to do so. Of course, any system that is not encompassed by the claims of any patent is a "design around" of that patent. That is true with respect to any patent. But the real issue to consider is - what is the commercial value of such a designed around system? Theoretical design arounds may be an interesting philosophical exercise in which to engage, but they provide no real commercial value. For example, one might be able to design around a patent on a four-wheeled car by producing a three-wheeled version, but the resulting product is unstable, unsafe, unmarketable and would certainly be unsuccessful. We believe the same would be true for an attempted design around of the '048 patent.

http://www.barkume.com/Site/IP_News/Entries/2009/2/25_CASE_STUDY_-_REEXAMINATION_OF_US_PATENT_NO._6%2C199%2C048.html

Read the rest...