After Illinois Court Dismissal for Lack of Personal Jurisdiction, NeoMedia Refiles Patent Infringement Lawsuits Against AirClic and Scanbuy.Business Editors/Legal Writers FT. MYERS, Fla.--(BUSINESS WIRE)--April 21, 2004 NeoMedia Technologies, Inc. (OTC OTC See: Over-the-counter. OTC See over-the-counter market (OTC). BB: NEOM), a developer and international marketer of software and patented technologies linking products, print, and physical objects to targeted online data, today refiled patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. lawsuits against AirClic Inc. and Scanbuy(TM), Inc. Charles T. Jensen, NeoMedia's president, COO and acting CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of NeoMedia, said Complaints against AirClic and Scanbuy were refiled in Philadelphia and New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. , respectively. The original Complaint for Patent Infringement and Damages, filed January 26, 2004, was dismissed late last week by the United States District Court for the Northern District of Illinois The United States District Court for the Northern District of Illinois is the Federal district court whose jurisdiction comprises the following counties, divided into two divisions: , Eastern Division, for lack of personal jurisdiction. "The court's ruling did not consider the patent infringement aspects of the Complaint, but rather whether or not AirClic and Scanbuy had strong enough contacts with Illinois for the case to be heard and decided in that jurisdiction," said Jeffrey Pine of Baniak Pine & Gannon, the Chicago law firm NeoMedia retained to protect its patents and IP portfolio. NeoMedia's Complaint against AirClic and Scanbuy claims infringement on four valid and subsisting patents it owns - U.S. Patents No. 5,933,829, No. 5,978,773, No. 6,108,656, and No. 6,199,048 -- alleging: -- AirClic (www.airclic.com) of Newtown, Pennsylvania, has manufactured or has manufactured for it, and has used or actively induced others to use, and has offered for sale and sold, technology which allows customers to use a built-in UPC (Universal Product Code) The standard bar code printed on retail merchandise, which is administered by GS1 US, Brussels, Belgium and Lawrenceville, NJ (www.gs1.org). bar code scanner A device specialized for reading bar codes and converting them into either the ASCII or EBCDIC digital character code. Pen scanners, also known as wand scanners, were the first type of bar code scanner developed in the 1970s. to scan individual items and access information, such as advertiser services, dietitian dietitian /di·e·ti·tian/ (di?e-tish´in) one skilled in the use of diet in health and disease. di·e·ti·tian or di·e·ti·cian n. A person specializing in dietetics. services, market research services, and trade show services, and -- Scanbuy (www. scanbuy.com) of New York City, has manufactured or has manufactured for it, and has used or actively induced others to use, and has offered for sale and sold, technology which allows customers to use a built-in UPC bar code scanner to scan individual items and access information, such as movies, music, comparison-shopping, information services See Information Systems. and ring tones. Jensen said NeoMedia seeks compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. for infringement by AirClic and Scanbuy, with those damages to be trebled due to willful and wanton nature of the infringement, as well as preliminarily and permanently enjoining en·join tr.v. en·joined, en·join·ing, en·joins 1. To direct or impose with authority and emphasis. 2. To prohibit or forbid. See Synonyms at forbid. AirClic and Scanbuy from their infringing activities. A third patent infringement suit concurrently filed in January against LScan (www.lscan.com) of Conshohocken, Pennsylvania, remains in the Illinois court, as does a patent infringement lawsuit filed earlier that month against Virgin(R) Entertainment Group, Inc., Virgin Megastore Online and Virgin Megastore (Virgin). Both charge infringement against the same four patents as the AirClic and Scanbuy Complaints. About NeoMedia Technologies, Inc. NeoMedia Technologies, Inc. (www.neom.com), is a developer and international marketer of software and patented technologies which link products, print, and physical objects directly to targeted online data, with expertise in homeland security and e-authentication applications. NeoMedia markets PaperClick(TM) and PaperClick for Cell Phones(TM), which link physical information and objects to the Internet, and its Systems Integration Group specializes in providing expert-based IT consulting, hardware, and software solutions. 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. PaperClick and PaperClick For Cell Phones are trademarks of NeoMedia Technologies, Inc. Other trademarks are properties of their respective owners. |
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