Patents are government granted monopolies and as such are generaly exempt from antirust laws. There are, however, some deceptive practices (like "patent ambush") that could trigger antitrust issues. But I have no indication that neom has engaged in such practices. And so that is not at all what I was referring to.
I was referring to the fact that we have a number of patents governing certain methods for using a mobile device to scan, among other things, a bar code to indirectly connect over the internet to specific web content. And like any patent holder we are entitled to certain legal remedies from persons using those methods without our permission, including (i) damages for past infringement and (ii) either an injunction against the infringer or a reasonable licensing agreement requiring the payment of royalties going forward.
I am certain that Neomedia is attempting to negotiate reasonable licensing terms with all person using the tech that have been identified. But if they remain recalcitrant, then we would have no choice but to sue.
That is what we ended up having to do with Scanbuy. And I have read their response to Neom's complaint and I don't recall seeing anything like an "antitrust" allegation or a patent "misuse" allegation. I do recall seeing that they were complaining that Neom was tortiously interfering with their attempt to form business relationships by notifying potential partners of Scanbuy about the infringement issue.
All I can say to Scanbuy is good luck with that.
Finally, it is rare for any plaintiff to take a civil case to final judgment if they can get the defendant to settle earlier on the plaintiff's terms.
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