EFF Denied Request For Patent Reexamination

Ever since 2004, when the Electronic Frontier Foundation (EFF) went public with their Patent Busting Project, they have had their sights set on technology innovator NeoMedia Technologies.

The primary goal of the EFF was to bust NeoMedia's patent #6,199,048.

According to the United States Patent office, the abstract of NeoMedia's patent states:

"A system and method for using identification codes found on ordinary articles of commerce to access remote computers on a network. In accordance with one embodiment of the invention, a computer is provided having a database that relates Uniform Product Code ("UPC") numbers to Internet network addresses (or "URLs"). To access an Internet resource relating to a particular product, a user enters the product's UPC symbol manually, by swiping a bar code reader over the UPC symbol, or via other suitable input means. The database retrieves the URL corresponding to the UPC code. This location information is then used to access the desired resource."

After 3 years of gathering data, and asking for help to debunk NeoMedia's patent, The EFF issued a press release on April 24, 2007 libelously titled, "EFF Challenges Bogus Patent Threatening Consumer Awareness Products."

In their boisterous press release, the EFF stated, "NeoMedia Technologies claims 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 to threaten and sue innovators in the mobile information space."

While litigation is not the preferred choice of patent owner NeoMedia Technologies, who would much rather license their intellectual property portfolio, the company has successfully won legal battles against industry giant Virgin Entertainment, AirClic, and LScan. NeoMedia is currently engaged in a Markman Hearing with current patent infringer Scanbuy.

In a statement from NeoMedia Technologies regarding the Electronic Frontier Foundation’s request for patent reexamination by the United States Patent and Trademark Office, the company stated, "NeoMedia has reviewed the reexamination request from the Electronic Frontier Foundation and finds it to be without merit. We firmly believe that the patent is valid and will be upheld by the U.S. Patent Office, and that the reexamination request will be denied. We respect the justice system and prefer to see this played out in a court of law, as opposed to in the press."

In addition to the EFF, Scott Shaffer, who is the author of the Pondering Primate blog, has also been leading the charge against global leader and technology innovator NeoMedia, and their extensive patent portfolio.

According to Scott Shaffer, "The EFF patent review could even further change the picture. What happens if the US Patent office agrees to review their patents? Do you think any judge will try a case knowing a higher court is reviewing these patents?"

What is painfully clear in all of this, is the fact that Scott Shaffer and the EFF have ulterior motives. I have never seen a respectable lawyer use the word “bogus” in a press release. That type of language is libelous. The EFF’s whole agenda is inflammatory and attempts to distort their true motives. Truth be told, they have intentionally left out Virgin Entertainment consistently since 2004, because it is clear that a multi-billion dollar company (that ended up settling and licensing NeoMedia's patents) doesn’t fit the story they are fabricating about NeoMedia only going after small companies.

On July 6, 2007 vindication was rightfully awarded to NeoMedia as the United States Patent and Trademark Office justifiably denied the EFF's patent reexamination request, further strengthening and re-confirming the validity of NeoMedia Technologies' patents.

Click here to view the rejected patent reexamination request.