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06/04/09 1:20 PM

#173667 RE: Vercingetorix #173657

JCG: I agree this could be the outcome. You mention Europe - the market is growing rapidly and does so without the litigation. The US is not growing - with the litigation.

I read a comment yesterday about jury selection for a patent case. They are selected as any other jury. They have no special knowledge. Any patent attorney will advise their client that a jury trial is a risk because the issues are so complex.

One final commment: there is a sentiment here the EFF was one of the bad guys. IMO, they did us a big favor. NeoMedia had the wonderful opportunity to adjust their patent based on new information. The patent coming out of the re-exam is truly distinguishable over the prior art. Without the EFF, I think NeoMedia was facing an uphill battle.

No company ever litigated themselves to greatness.

It seems I am the minority on this opinion on this board. I will let it rest and we can see how it plays out.