Replies to post #154037 on NeoMedia Technologies, Inc (NEOM)

[beam11]

Phoenix69 - The EFF petition submitted to the PTO was filled with insults directed to and regarding the PTO issuing NEOM's patent based on the patent claims. The insults regarding the patent office got them no where. The EFF are arrogant and destructive. They set out to put everyone they go after, out of business!

The EFF are very sore losers! In fact, I know of no other case they have lost! There is a possibility they will try again! The SB law suit is an example of their push to continue their case!

[jonesieatl]

"Who do they think IS the law on patents? The US Patent Office, that is who. Period."

It is the courts that ultimately decide the validity of a patent not the USPTO. Before the USPTO adopted the ex-parte re-exam process disputes were settled by the courts after a trial. The final arbiter of such disputes is the federal appeal court , not the USPTO. The ex parte re-exam was created by the USPTO to give individuals a less expensive route to challenge a patent's validity than having to use the courts and spend thousands of dollars. The only authority that can overrule the court is the appellate division.

Neomedia's case can certainly still go to court. It could become a case of patent versus patent with Scanbuy and Neomedia. A free cross - licensing agreement could be the end result , with guys like Iain having to decide if they really want to work for a living and produce a product or service .... or want to get paid handsomely by YA and the shareholders of YA's next victim.

The USPTO is not the final word on patents.

Just FYI

jonesie