NeoMedia Technologies, Inc (NEOM)

[clawmann]

Colemano:

1. a settlement agreement in patent litigation must be approved by the judge, who - if he approves - will then issue a consent decree or consent judgment.

2. Settlement discussions and communications are routinely "off the record" until a consent decree/judgment is issued. That is why I was so surprised to see the Sepetmber 10 letter, as is, on Pacer. I assume that any further communications or documents relating to any settlement negotiations, discussions, conferences or proposed agreements will not be publicly accessible. We will only know if and when a consent decree/judgment comes down. Any hearing or conference on the issue will, I believe, not be held in open court but in chambers. I doubt if there will even be a publicly available document about the scheduling of such a hearing or conference.

3. As for your last point: didn't know that, but hope SDNY has a similar system.