success: The existence of this clause is well established now but doesn't answer any of the posed questions. The question isn't if the clause exists, but why Marshall and Scanbuy are behaving as if their exclusive agreement was no longer in play.
The assumption persists this is not something NeoMedia wants. If you look at the timeline I just posted, you will note MFR was already becoming aggressive with lawsuits before NeoMedia terminated an undisclosed portion of the settlement agreement. If NeoMedia maintained the MFR portion of the license, they would be unable to defend their clients against MFR's suits. By releasing themselves, they are free to pursue activities against MFR and MFR patents.
We will know shortly from the Wendy's response because an existing license is an absolute defense that would terminate at least a portion of the suit.
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