Replies to post #301868 on NeoMedia Technologies, Inc (NEOM)

[sonofgodzilla]

pop: What were you thinking here????

lesn: Marshall did not give NeoMedia free access to their portfolio. Why would anyone do that?

Here is a FACT BASED link I am providing to help you:

here:http://www.sec.gov/Archives/edgar/data/1022701/000114420409053757/v163276_ex10-1.htm

2.2.

Subject to the terms and conditions of this Agreement, and for the consideration recited herein, Scanbuy grants to NeoMedia (a) a paid-up, irrevocable, non-exclusive license under the Scanbuy Licensed Patents within the Territory and (b) a paid-up, non-exclusive sublicense under the MFR Asserted Patent as well all of the patents of MFR licensed to Scanbuy (collectively, “MFR Licensed Patents”), for all systems and methods, in whole or in part, made, used, offered for sale, sold or imported in the United States by which a cellular/mobile device is used or can be used to read or enter bar codes or other machine readable codes to access content or information or trigger phone functionalities. There is no right to sublicense granted herein, except that it is understood that parties contracting with NeoMedia to operate in the Territory and within the Field of Use under the rights granted herein to NeoMedia (“NeoMedia Clients”) will fall within the license and sublicense granted to NeoMedia, but such NeoMedia Clients have no rights separate and apart from those extended to NeoMedia herein.

[WovenO2]

Pop: That does come directly from the MFR complaint against Wendy's: http://news.priorsmart.com/marshall-feature-recognition-v-wendys-international-l9SV/

http://www.sec.gov/Archives/edgar/data/1022701/000114420409053757/v163276_ex10-1.htm


2.2. Subject to the terms and conditions of this Agreement, and for the consideration recited herein, Scanbuy grants to NeoMedia (a) a paid-up, irrevocable, non-exclusive license under the Scanbuy Licensed Patents within the Territory and (b) a paid-up, non-exclusive sublicense under the MFR Asserted Patent as well all of the patents of MFR licensed to Scanbuy (collectively, “MFR Licensed Patents”), for all systems and methods, in whole or in part, made, used, offered for sale, sold or imported in the United States by which a cellular/mobile device is used or can be used to read or enter bar codes or other machine readable codes to access content or information or trigger phone functionalities. There is no right to sublicense granted herein, except that it is understood that parties contracting with NeoMedia to operate in the Territory and within the Field of Use under the rights granted herein to NeoMedia (“NeoMedia Clients”) will fall within the license and sublicense granted to NeoMedia, but such NeoMedia Clients have no rights separate and apart from those extended to NeoMedia herein.

[lesnshawn]

Popt: We can argue all day long about what the term, "paid-up" actually refers to in monetary amounts, but for over four years now it's been widely accepted that NeoMedia made Scanbuy cry uncle, MFR went along w/ the submission and if not totally "free", NeoMedia paid pennies for those license rights.

And, to address (if I may) your question you asked SOG to ask himself...What would have Marshall had to gain by giving a free license to NeoMedia? NeoMedia wasn't suing Marshall. Marshall was suing NeoMedia.

Exactly, Marshall was suing NeoMedia but since Marshall had already granted Scumbye an EXCLUSIVE patent agreement to all of their patents, Marshall was backed into the same corner as Scumbye. That's why this was moved jointly to NYC and it was Scumbye/MFR against NeoMedia. With a hand on each of their throats and both of them w/ their backs on the mat, they jointly submitted.

Yes, they both effectively lost. Losers in battles like that don't have much room or carry much weight to go around demanding large purses for their loss. So, MFR made a few relative pennies at the most. Don't forget, NeoMedia has historically not been flush w/ cash. MFR is lucky to have gotten some pocket lint from NeoMedia four years ago.

And to comment (if I may) to your reply to success...Who ever accused Marshall of being reasonable?

Yeah, they may have sued Wendy's for future royalties after NeoMedia both terminated the cross-licensing agreement and announced an exclusive service agreement with Wendy's, but that suit is the very action that MFR is laughingly trying to educate the public on because...it's frivolous.

Why?

http://www.sec.gov/Archives/edgar/data/1022701/000114420409053757/v163276_ex10-1.htm

2.4.
The Scanbuy sublicense to NeoMedia in this section is expressly conditioned upon Scanbuy fulfilling its obligations under the “Exclusive Patent License Agreement,” dated March 5, 2008, between Scanbuy and MFR, provided however that Scanbuy shall take no action to terminate the Exclusive Patent License Agreement solely in order to terminate the sublicense granted to NeoMedia herein. The sublicense to NeoMedia granted in this section shall subsist so long as Scanbuy has a license to MFR Licensed Patents

Like I said before and I'll say again...it's a frivolous suit MFR has against Wendy's.

MFR is doing exactly what they are trying to educate and warn the public about and, are exactly as they describe those that they try to pretend aren't just themselves. Yep, they themselves are the very ones who, in cloaked form, they're trying to warn the public against.

And, don't worry, I don't think prospective investors in NeoMedia are too thrown off by my misspelling of Scanbuy's name. I've provided enough links that they should easily be able to figure it out.

But, if will make us feel better...For all prospective investors in NeoMedia reading but not posting or asking questions...

Scanbuy = Scambuy = Scambye = Scumbye

And, meet "Marshall" (he also responds to, "MFR")...



Warning: He's got a stomach as big as the state he hails from, Texas, does bite and has been known to leave nasty infections.

lns