NeoMedia Technologies, Inc (NEOM)

[scottmins]

NeilPeart makes a great point (see his post #179845) when he says "NeoMedia might want more than Scanbuy is willing to pay".
I have recently been involved in a similar situation as part of a plaintiff's suit for patent infringement. It appears to me that Scanbuy is thumbing its nose at NEOM, perhaps hoping NEOM's lack of, or diminishing, finances will cause it to buckle, or at least soften.

But frankly, if the defendant/SCANBUY is cutting deals with new partners but hasn't made a committed effort to get on board with a licensing arrangement, like other players in the same technology space, and basically is just paying lip service to the notion of taking a license, I would say "the heck with the defendant" -- NEOM has contingency attorneys (who by the way are most likely pushing a resolution by way of settlement, along with the court), so let's make the contingent fee attorneys earn their keep and tell them to press on with the lawsuit.

Once the plaintiff's case is made, if Scanbuy's defense is anything like their defense in their copyright infringement case, you can be darn sure they will be clamoring for a license.

And at that point, NEOM can put the screws to SB (royalties for all deals -- licenses, joint venture agreements, sublicenses, etc. -- SB has made to date, and into the future).

If SB does not make a deal before trial, NEOM should go for the kill. Put SB out of business (wonder how long SB has been infringing with notice from NEOM, how much $$ SB has made as a result thereof, and how much punitive (treble) damages NEOM might be entitled to obtain). Perhaps if SB's actions are viewed as extremely aggregious by the court, there will also be exemplary damages levied against SB.