Thursday, October 15, 2009 10:59:18 AM
I called one of the attorneys this morning. The following is not verbatim but a summary of what I discussed.
I identified myself as a NeoMedia shareholder and had some questions about the case. He said all of this is in the public record.
Me: What is the status of the case?
Attorney: We are filing claim construction for a Markman hearing. That date has not been firmly set for attorneys to be in-house. Possibility that the judge will want a demonstration on how things work.
Me: Is all this going on in parallel with a settlement?
Attorney: What?
Me: Is all this going on in parallel with a settlement?
Attorney: Oh, yeah there is always settlement discussions going on.
Me: Well we saw a fax from the New York offices of ScanBuy and Marshall Feature’s attorney signed by both sets of lawyers asking for an extension because of potential settlement discussions.
Attorney: Oh yeah. I signed something and then the attorney representing the other side faxed it in since they were in New York.
Me: Does that mean there are still settlement discussions going in parallel?
Attorney: Well there is always potential settlement discussions ongoing when there are cases like this.
Me: When is the next scheduled public hearing? We want to get someone to the courtroom that is a shareholder. We sent someone there in the Spring.
Attorney: Yes. I met that person one time. Nice fellow. We talked. Not sure when the next public hearing is. You will have to keep checking PACER since everything is being posted.
Me: Thanks.
You know what I know.
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