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Tuesday, July 17, 2012 11:32:28 PM
I have no doubt Global IP did so. They are trying to sell a license.
By stating so in the counterclaim they took a calculated risk. SpyderLynk can't say NeoMedia claimed that - the lawyers did. However, jurors might have a hard differentiating who said what.
If NeoMedia makes the image recognition claim in their next filing, SpyderLynk was them in their web.
SpyderLynk then immediately files a re-exam with the USPTO using the image recognition claim from the lawsuit and introduces new previously unconsidered image recognition patents. Under that, a re-exam would be allowed.
Shortly thereafter, SpyderLynk files a petition with the court for a stay until the re-exam is decided. The average time for a patent re-exam stands at 42 months and dropping. However, by that time, the patents in suit will have expired.
So here is the risk the NeoMedia has to manage:
1. Image recognition is what SpyderLynk does so they need to prove '048 cover image recognition.
2. By claiming that they risk a re-exam which could stay the trial until after both patents expire.
3. The judge could decided to move ahead with the trial despite the re-exam's ability to unwind the court's decision. Therefore, they could win until the patents expire.
No one said patent laws made sense. But that is how it works.
“It ain’t so much the things we don’t know that get us into trouble. It’s the things we know that just ain’t so.” Henry Wheeler Shaw
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