Replies to post #22339 on NeoMedia Technologies, Inc (NEOM)

[success622]

re: the Cease and Desist against Virgin,
Hi snowblow, just got back in for a couple minutes, TGIF!, but here is some info regarding your question:
This is from the original complaint for patent infringement and damages, filed 1/2/04 and docketed 1/5/04:

Due to limited time right now, I've found some pertinent info on page 4 of 78:
"
15. Virgin Entertainment had actual notice of the patents-in-suit. On December 20, 2002, NeoMedia notified Vrigin Entertainment of its infringing activities. Virgin Entertainment has failed to cease and desist its acts of infringement, and continue with such acts of infringement.

16. Upon information and belief, Virgin Online and Virgin Megastore had actual and constructive notice of the existence of the patents-in-suit, and despite such notice, have continued to engage in acts of infringement of the patents in suit. Virgin's continued acts of infringement has been, and will continue to be, wanton and willful.
""
etc Also, in the section where NeoMedia spells out what they are asking for, ie 'prayer for relief', here is a summary. I won't type it in verbatim, as it is an adobe acrobat file, and I can't cut and paste but have to type it all in.

A. The patents were infringed by Virgin, and that the infringement is willful,
B.NEOM be awarded compensatory damages for past infrngement in an amount no less than a reasonable royalty, in sum to be determined at tril, and that said damages be trebled in view of the willful and deliverate nature of the infringement.
C. Discontinue further infringement
D. Virgin be ordered to deliver to NEOM all infringing products and systems.
E. NEOM be awarded its attorney fees incurred
F. Award to NEOM for cost of this action plus interest etc.
G. for other relief the court deems just.


Any and all typos are mine, lol. There are 78 pages on this particular filing.

Hope that helps. Since they are talking settlement, obviously Virgin Entertainment is aware of the valid treble damages, etc. FYI, the NeoMedia attorneys are highly regarded in the patent law arena.
etc