Monday, August 13, 2007
Electronic Frontier Foundation (EFF) Refiles Patent Exam Request Of NeoMedia's "Bogus Patent"
The ongoing saga with the Electronic Frontier Foundation (EFF) and NeoMedia continues.
Back in April the EFF asked the US Patent office to review NeoMedia's mobile barcode patent.
The EFF took aim at a bogus patent threatening innovative technologies that enhance consumer awareness, requesting a reexamination by the United States Patent and Trademark Office (PTO).
Apparently the EFF incorrectly filed the review and the Patent Office rejected the request for review in late July. This is completely different from the Patent Office approving the patents, as some have suggested.
Just a few days later, the EFF refiled a request to review NeoMedia's patents.
It was also confirmed on page 43 of NeoMedia's latest 10Q filing
"Also on the patent front, during July 2007 the US Patent and Trademark Office rejected an application by the Electronic Frontier Foundation to invalidate the Company’s patents and intellectual property on how camera phones read, translate, and process images and codes. The Electronic Frontier Foundation refiled their application in August 2007"
I couldn't find a separate press release from NeoMedia announcing this.
ScanBuy and NeoMedia have an ongoing lawsuit regarding this intellectual property and a Markman hearing is scheduled for November.
Here's what I ponder.
Would, or should, a judge render a decision in a case on a patent that is currently being reviewed by the US Patent Office?
If the Patent Office does decide to review the patents, who has the most to lose, NeoMedia or Cornell Capital?