NeoMedia Technologies, Inc (NEOM)

[lesnshawn]

persistent: So what you're saying is they have to win twice against the same plaintiff before any patent case ruling can be deemed "legitimate"? Or, in your words, "establishes a legal precedent".

That makes no sense. IMO, not being a lawyer, why would any court ruling HAVE to go through an appeal process before it can be considered final? I understand the principle of an appeal, but that would only be the case IF the losing (or in this case, conceding or "settling") side feels that they actually have just reason to think that they in fact have been wrongly found guilty of their actions or have wrongly entered into a settlement.

Bottom line is this, if Virgin loses or "settles", it sends a CLEAR message to the ENTIRE WORLD that if the DEEP pockets can't win their case in court, then why would any of the more shallow pockets even bother wasting their hard earned cash or valuable time in court trying to prove otherwise at a later date. It would be much more sensible from them to just go ahead and get a license for what they want to do and go w/ it. Both sides win. It's not like paying a license fee will prevent anybody from making money.

If I'm a small business owner, I have a much better chance of making money selling BRAND NAME items than to try and re-invent the mouse-trap in hopes of saving a few license dollars and possibly losing the whole farm over my pride.