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Technology Stocks : NeoMedia Technologies (Bears Board)
NEOM 0.0001000+100.0%Oct 28 12:54 PM EDT

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To: hawaiiman who wrote (175)4/13/2009 11:56:59 AM
From: Poptech  Read Replies (1) of 194
 
Mostly accurate, but I understand the source of the confusion.

"Winning" would have met having all claims affirmed, but this happens only 25% of the time. Have the claims modified or canceled is the most common (64%) outcome of a reexamination. Very rarely is a patent canceled.

The Barkume "case study" is a very bizarre fix for the original, grammatically-challenged press release which did claim that all claims were affirmed. "All ninety-five claims of th [sic] is Barcode Lookup Patent have been confirmed as being patentable by the PTO."

neom.com

Confusion over the likely outcome of a reexamination took a toll on share price. The lesson is for NeoMedia to stay away from patent challenges - whether in court or the USPTO. If the '048 patent goes in front of a jury, any IP lawyer will tell you the outcome is statistically less desirable than a reexamination.

It is important to note that at no time did NeoMedia lose the right to exercise their rights under the '048 patent.
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