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clawmann

10/12/09 4:56 PM

#189257 RE: Vercingetorix #189255

I will note that the extension requests were filed jointly by the parties and affect both actions. Therefore, I am expecting an omnibus settlement, if there is a settlement, that disposes of both cases, not just one.

Furthermore, if I were in Neomedia's shoes, I would not settle for anything other than what would be perceived as a clear win. If we don't settle we are looking at final judgment in the Neomedia v. Scanbuy case in less than year, probably less than 9 months. Pretial conference is already set for the spring. The Scabuy v. Neomedia case is not as advanced.

I would rather take the Neomedia v. Scanbuy case to final judgement than to settle for anything that is less than a clear capitulation by Scanbuy at this moment. We are at a critical juncture in the rolling out of the ecosystem, and a less-than-favorable settlement could send entirely the wrong signal to the market.





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success622

10/12/09 5:04 PM

#189258 RE: Vercingetorix #189255

5 star Post, jcg. :-) eom
Way to keep the wool out of your eyes, so to speak.
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Poptech

10/12/09 5:14 PM

#189265 RE: Vercingetorix #189255

JCG: That is my point. If their back is not up against the wall, they should be asking for some Scanbuy IP. Why not? Maybe they pay a bit for it, but is certainly a nice way to acquire patents.

If the two do some type of a cross-licensing agreement (which doesn't necessarily mean zero revenue), the two would be a formidable barrier to entry to the dozen of mobile barcode apps already in the US. Better to compete with one know entity (such as Mobile Tag) than a dozen known and more unknown in the woodwork.

You can't sue yourself to greatness.