GREY:NEOM - Post Discussion
Post by
Drmyke3 on May 17, 2009 2:25am
posted by fracatawa at iHub :))
STATUS CONFERENCE DOCKET"SETTLEMENT AT THAT TIME" MEANS that at the next proceeding JudgeFrancis will rule in favor of NeoMedia. At a Status Conference theJudge: 1) identifies the interested parties 2) admission of anysuccessful offeror as an intervenor 3) any REQUEST FOR INJUNCTIVERELIEF 4) the NATURE of and schedule for FURTHER PROCEEDINGS.
In order for the Judge to grant NeoMedia's request for injunctiverelief, the Judge determines whether clear evidence exists that Scanbuyinfringes NeoMedia's patent; the Judge questions Scanbuy and findsinfringement. But because of Scanbuy's "related case to be filed" theinjunctive relief cannot be granted because Scanbuy is alleginginfringement of its patent by NeoMedia.
NATURE OF FURTHERPROCEEDING is characterized on the Docket as "settlement at that time",meaning again Judge Holwell finds the major issue of fact in NeoMedia'sComplaint is resolved--Scanbuy infringes. The only determinant now iswhether Scanbuy's allegations of patent infringement by NeoMedia standup in Court.
If NeoMedia and Scanbuy had already agreed tosettle at the Status Conference the next step would be for each partyto file their respective withdrawals of action. Further, there would beno need to file the related case if the parties amicably resolved theirdisputes or to schedule a further proceeding.
Barkume & Associates is registered to practice before the USPTO, it is a well-respected law 
.It is established law that a claim may have patentable subject matterif it is tied to a particular machine or apparatus or transforms aparticular article into another state or thing (In re: Bilski where theCourt found an inventor cannot patent an abstract process). NeoMedia'sBarcode Lookup Patent is a design patent and tied to a machine orapparatus.
Whatever bad public sentiment on this Boardabout NEOM it can't change the fact that NeoMedia's patent will belegally enforceable and the standards bodies are moving forward withNeoMedia/Neustar driving an open, interoperable system and NeoMediawill license its IP and partner with some companies just to create theecosystem necessary to start realizing transactional fees.
NEOM pps is cheap now but not once the Court decision is announced. Thelegal precedent set will be like money in the bank for NeoMedia becausethe patent's legal enforceability is what will make NeoMedia sovaluable and Google, Microsoft or Apple would covet a monopoly clearout to the end of 2016.
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