19 Jul

A very good day for physical to digital worlds connection companies. U.S. Patent Office Rejects All Ninety Five NeoMedia Patent Claims

Back in March of 2006 I wrote about Neomedia’s patent claims related to computer systems that rely on scanned inputs — they claimed that they owned the IP for all technologies and computer systems that perform processing based on scanning barcodes, 2D codes, words, and whatnot. Then took that one concept and applied for 12 different patents — see Same Book 8 Times, One Concept 12 Patents.

Neomedia used FUD to intimidate other companies and preclude innovation from others.

But thanks to the Electronic Frontier Foundation (EFF), the U.S. Patent Office Rejected All Ninety Five NeoMedia Patent Claims (The via the Pondering Primate); from the Pondering Primate article:

NeoMedia Technologies, Inc., claimed to own rights to all systems that provide information over computer networks using database-like lookup procedures that rely on scanned inputs, such as a barcode. NeoMedia has used these claims not only to threaten and sue innovators in the mobile information space, but also to intimidate projects focused on increasing awareness among consumers about the social and environmental impact of the products they buy.

It is a very good day for physical to digital worlds connection companies…


7 thoughts on “A very good day for physical to digital worlds connection companies. U.S. Patent Office Rejects All Ninety Five NeoMedia Patent Claims

  1. Were you aware that this ruling is a non-final action. Meaning that this is not a final rejection of NeoMedia’s patent.

    The USPTO has set aside claims 1-95 by marking them as rejected for reasons cited in the USPTO document. This is standard procedure. NeoMedia now has 60 days to formalize their response to the USPTO and demonstrate to the USPTO why the claims in their patent are valid.

    Educate yourself on how the reexam process works:

    NeoMedia’s patent will withstand this reexamination process and be validated in the end.

    Wait and see 🙂

  2. Here is a good comparison to NeoMedia’s current patent reexamination.

    PTO Issues Initial Office Action on Tessera Patent

    March 4, 2008 — Tessera Technologies, Inc., a leading provider of miniaturization technologies for the electronics industry, today announced that the U.S. Patent and Trademark Office (PTO) has issued an initial office action regarding Tessera’s 6,133,627 patent (”627″) in ex parte reexamination. This initial action is non-final and will be subject to a lengthy review process, including the possibility of appeal. This issued patent is presumed to be valid, intact and enforceable during the reexamination process, which on average takes 24 months to complete, not including appeals.

    “An initial, non-final office action in an ex parte reexamination is not a final decision and should not be characterized as such,” said Bruce McWilliams, chairman, president and chief executive officer, Tessera. “We are one year into the process and just received the first office action on the ‘627 patent. We believe in the strength and validity of our battle-tested patents and will continue to vigorously defend them.”

    It is not unusual for the PTO to preliminarily reject claims during the reexamination process. Tessera has the right to argue, and will continue to argue, the merits of its position.

  3. Tessera Addresses Mischaracterizations of Patent Validity and Legal Process

    “Nothing issued by the U.S. Patent and Trademark Office (PTO) in these reexaminations has overturned our patents. We believe the market may have misunderstood the PTO’s terminology, and we are taking this opportunity to clarify the process,” said Scot Griffin, senior vice president and general counsel, Tessera. “Claims of a patent can not be invalidated in reexamination until the process is fully complete, including all appeals.”

    The PTO recently issued office actions regarding claims in five Tessera patents, and the company anticipates an initial office action for a sixth patent sometime in the coming weeks. These office actions are a usual step in the PTO reexamination process and are in no way a final determination on the validity of the patents. Even after a final determination in the PTO, Tessera would have ongoing opportunities to appeal any decision; the patents would remain in force throughout all appeals. Tessera is very familiar with the prior art to the patents under reexamination because of its previous lawsuits, which were uniformly resolved in Tessera’s favor.

  4. NeoMedia’s Barcode Lookup Patent Approved

    Mobile Advertising Industry Looks Forward to Next Growth Phase

    ATLANTA–(BUSINESS WIRE)–NeoMedia Technologies, Inc. (OTC BB: NEOM), the global leader in camera-initiated transactions for mobile devices, announced today that the United States Patent and Trademark Office (PTO) has ruled in favor of NeoMedia in the reexamination of its U.S. Patent No. 6,199,048, System And Method For Automatic Access Of A Remote Computer Over A Network. All ninety-five claims of this Barcode Lookup Patent have been confirmed as being patentable by the PTO.

    The PTO’s re-validation of this patent provides tremendous opportunities for companies in the mobile advertising space, allowing them to unify and quickly move forward to implement new applications and services.

    “This is excellent news for NeoMedia as it allows us to move forward with our vision to create strong partnerships and synergies to align all companies for the next growth phase,” said Iain McCready, chief executive officer of NeoMedia Technologies, Inc. “We are committed to building a fully involved and collaborative ecosystem of agencies, mobile operators, and vendors who recognize the potential of mobile barcode advertising.”

    “We are pleased that this patent has withstood the intense scrutiny of the PTO’s re-examination process, in which numerous additional prior art references were considered in detail by the PTO Examiners before confirming all ninety-five claims as being patentable”, said Tony Barkume of Barkume & Associates, P.C., patent counsel for NeoMedia. “The approval indicated by the PTO in its Notice of Intent to Issue a Re-examination Certificate has confirmed the strength and validity of the ‘048 patent in the face of such a heightened challenge.”

    In keeping with its vision and commitment to developing an interoperable global ecosystem, NeoMedia is licensing its technology to foster innovation in the creation of exciting new mobile barcode applications and services for the advertising industry.

    NeoMedia embraces the development of open standards for 1D and 2D barcode technologies, and provides a global infrastructure to resolve these barcodes across multiple carriers. The company’s ecosystem ensures that all parties involved in the transaction are accurately compensated by pre-defined business rules. Through NeoMedia’s complete solution, media & advertising companies, consumers, businesses, mobile operators and OEMs can harness wireless networks to perform commerce more easily and securely, and ensure monetization can occur reliably and accurately.

    About NeoMedia Technologies

    NeoMedia Technologies, Inc. (OTCBB: NEOM) is the global leader in mobile barcode scanning solutions. Our technology allows mobile devices with cameras to read 1D and 2D barcodes and provide “one click” access to mobile content. Combining this technology with advanced analytics and reporting capabilities revolutionizes the way advertisers market to mobile consumers. NeoMedia provides the infrastructure to make 2D camera barcode scanning and its associated commerce easy, universal, and reliable – worldwide.

    The company’s mobile phone technology, NeoReader, reads and transmits data from 1D, and 2D barcodes to its intended destination. Our Code Management and Code Clearinghouse platforms create, connect, record, and transmit the transactions embedded in the 1D and 2D barcodes, like web-URLs, text messages (SMS), and telephone calls, ubiquitously and reliably. NeoMedia provides the industrial and carrier-grade infrastructure to enable reliable, scalable, and billable commerce. NeoMedia was founded in 1989, and is based in Atlanta, USA. It currently has 30 active patents spanning 13 countries, with 29 additional patents pending.

    This press release contains forward-looking statements within the meaning of section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. With the exception of historical information contained herein, the matters discussed in this press release involve risk and uncertainties. Actual results could differ materially from those expressed in any forward-looking statement.


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