NEOM, you wrote:
"CEO sb was truly humbled. you could read it easily in his actions and his words. At one point he said if I am here next year on this panel I hope I am dead....not sure exactly what to make of that comment but I think it is indicative of his mood at the time. Not good. They embraced the open standard, dropping exclusitivity to their propriatary code because of the news regarding Neomedia's patents!"
Obviously, he spent a lot of time working on, and selling, SB's now-failed business model, which was based on an assumption that Neom's patents would be irrelevant.
As for the comment that he would rather be dead than on that panel next year, I think that all of his dreams of Scanbuy being at the center of the mobile barcode universe have been dashed.
In any case, if he did in fact say that Scanbuy embraced open standards because of Neom's patent win, then I have to believe that - having taken that step - they will not fight the NY case further. It would not make sense.