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Re: Vercingetorix post# 192526

Monday, 10/26/2009 12:58:25 PM

Monday, October 26, 2009 12:58:25 PM

Post# of 326434
JCG: I took a closer look at the license agreement this morning. The agreement is clear in the Scanbuy patents included in the license to NeoMedia. In Section 1.2 these include the asserted patents:

1. 6,886,750, entitled “Method and Apparatus for Accessing Electronic Data via a Familiar Printed Medium” (Marshall's asserted patent)
2. 7,287,696, entitled “System and Method for Decoding and Analyzing Barcodes Using a Mobile Device” (Scanbuy's asserted patent)

And any other US-only Marshall Feature Recognition patents that might be under license to Scanbuy. There is only one other known patent owned by Marshall (2.2):

3. 7,600,691, entitled, “Method and apparatus for accessing electronic data via a familiar printed medium”

So, NeoMedia licensed 2 to 3 patents in the settlement (“as well as all divisionals, continuations, continuations-in-part, reissues, reexaminations of the Scanbuy Asserted Patent.”

Determining the number of patents licensed to Scanbuy is more difficult since this is limited to the patents and applications listed on Exhibit A which is not currently released. However, we can certainly assume the list includes asserted patents:

1. 5,933,829, entitled “Automatic Access of Electronic Information Through Secure Machine-Readable Codes on Printed Documents”
2. 6,108,656, entitled “Automatic Access of Electronic Information Through Machine-Readable Codes on Printed Documents”
3. 5,978,773, entitled “System and Method for Using an Ordinary Article of Commerce to Access a Remote Computer”
4. 6,199,048, entitled “System and Method for Automatic Access of a Remote Computer over a Network”

It does appear this list is not complete and Scanbuy could be licensing NeoMedia’s international patents. Under 1.5, “Territory” shall mean those countries identified in Exhibit C as amended from time to time by mutual agreement by the Parties, initially the United States of America.” Exhibit C would be very interesting.
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