Jones: I know of no programs using the '048 claims. There are so few indirect programs in place it doesn't take long to list through them.
Working with the NeoReader, it is not clear the product uses the new claims. I can't actually find anyone inside the industry who understands the new claims. I have been around this industry for most of my career and I don't know of anyone using this barcode processing approach in retail or supply chain either - they are that novel.
However, I don't think this is necessarily surprising. When NeoMedia had the opportunity to rewrite their patent, they had to define it around existing technologies - most started at the same times as their claims. So, if someone else was practicing a method, if someone had written about a method, if someone else had patented a method, it couldn't go in the claims.
The new processes described in the '048 patent are only a few months old. Adoption rates of any technology would tell us there are many months ahead of us before the claims are ready for practical application.
Is anyone infringing? One company says yes. One company says no. There are only two companies involved in the battle - both with really smart people who think they are right. They will each prepare 100,000 pages which no one else will ever read. In the end, the opinions that will matter will be a very small group of people who have never heard of direct or indirect processing, who may have never heard of mobile barcodes, and maybe never read a patent. It is the only way to know if someone is infringing in the US.
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