NeoMedia Technologies, Inc (NEOM)

[srowen]

I don't think you got the question: assume for a second that Google explicitly prompted the EFF to fight this patent. This would be within their right. They don't get to decide the outcome; neither does the EFF. The USPTO does. Both organizations have every right to petition the USPTO though. There is nothing wrong with that. You can't say nobody but your company has a right to talk to the USPTO.

But, do think about the story you're positing. So this guy has a career as a corporate lawyer in-house, when he's called up by some shadowy board and 'sent on a mission.' They make him give up his current job, send him on a permanent trek to the EFF. Why would this guy agree? OK, I guess he got a big payment or something. So why can't Google just do this in-house if they care so much, use this guy who is already working for them directly? bring their whole counsel to bear? if there are such billions on the line?

OK, so I guess it was to disguise intentions? but then you get back to the above... there is just no point in that. Google itself would have been welcome to petition the USPTO. Why didn't they?

Compare this to the alternate explanation, that these things simply aren't connected.