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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 (177)4/14/2009 12:40:56 PM
From: Poptech   of 194
 
The red herring of the comment was "...so the PTO is generally a much better forum in which to address these issues than is a court of law..." The reexamination does not eliminate litigation. What Barkume is saying that when during a trial there is a "...higher risk of being invalidated...." This is absolutely accurate since 2/3 of all re-examinations result in either modification or elimination of claims. Depending on the court, the success rate is about 50/50.

All NEOM has accomplished is completing the easiest form of review. If they can not avoid court challenges, a much lengthier, much riskier, and costlier battle will put ALL the claims at risk. "... they will either stand or fall..."

Barkume is saying the patent is better than before - and a jury will know this. I think a jury will struggle to understand the differences between a local and remote database; the difference between an in-store processor and remote server; the difference between an item file and URL file. They will struggle with the idea that 89 claims is better than 95. Barkume is telling us the day of the expert ruling is over - and now it might be time for the layman to cast a vote for the future of NEOM.

NEOM must now do everything they can do avoid the court. A couple of suits will slide this stock right back to subpenny.
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