CORRECTING and REPLACING Patent Infringement Lawsuit Brought by NeoMedia Against AirClic Inc., Scanbuy, Inc., and LScan Technologies Inc.Business Editors CORRECTION...by NeoMedia Technologies, Inc. FT. MYERS, Fla.--(BUSINESS WIRE)--Jan. 26, 2004 In BW5553 issued Jan. 26, 2004: Seventh graph, first sentence of release should read: xxx the existence of the patents-in-suit...infringement of the patents-in-suit (sted xxx the existence of the patents-in-suite...infringement of the patents in suit). The corrected release reads: 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. The infringing party will be liable to the owner of the patent for all profits made from the use of the invention, as well as any harm which can be shown by the inventor, whether the infringement was intentional or not. LAWSUIT BROUGHT BY NEOMEDIA AGAINST AIRCLIC INC., SCANBUY, INC., AND LSCAN TECHNOLOGIES INC. NeoMedia Technologies, Inc. (OTCBB: NEOM), a developer and international marketer of software and patented technologies which link products, print, and physical objects directly to targeted online data, said today that it has filed patent infringement lawsuits against AirClic Inc., Scanbuy(TM), Inc., and LScan Technologies Inc. The Complaint for Patent Infringement and Damages was filed in the United States District Court for the Northern District of Illinois, Eastern Division, by Baniak Pine & Gannon, a Chicago intellectual property law firm retained by NeoMedia (www.neom.com) to protect its patents and IP portfolio. The Complaint claims infringement on four valid and subsisting patents owned by NeoMedia - U.S. Patents No. 5,933,829, No. 5,978,773, No. 6,108,656, and No. 6,199,048. The Complaint alleges that: -- Airclic (www.airclic.com) of Blue Bell, Pennsylvania, has manufactured, or has manufactured for it, and has used, or actively induced others to use, technology which allows customers to use a built-in UPC bar code scanner Laser Diode Mechanism A laser diode (1) emits a beam (red) onto a combination of rotating (2) and fixed mirrors (3) that shine multiple beams onto the bar code (4). Although as many as 50 beams may hit the package at different angles, only one is shown in this illustration. The reflected light (yellow) is captured by the collector (5) and aimed at a sensor (6). to scan individual items and access information, such as advertiser services, dietitian services, market research services, and trade show services; -- Scanbuy (www.Scanbuy.com) of New York City, has manufactured, or has manufactured for it, and has used, or actively induced others to use, 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 and ring tones; -- LScan (www.lscan.com) of Conshohocken, Pennsylvania, has manufactured, or has manufactured for it, and has used, or actively induced others to use, technology which allows customers to use a built-in UPC bar code scanner to scan individual items and access information, such as market data and pharmaceutical products. The Complaint states that AirClic, Scanbuy and LScan have had actual and constructive notice constructive notice n. a fiction that a person got notice even though actual notice was not personally delivered to him/her. The law may provide that a public notice put on the courthouse bulletin board is a substitute for actual notice. A prime example is allowing service by publication when a spouse has left the state to avoid service (legal delivery of a legal notice) in a divorce action. of the existence of the patents-in-suit, and, despite such notice, failed to cease and desist their acts of infringement, and continue to engage in acts of infringement of the patents-in-suit. NeoMedia's Complaint seeks compensatory damages for infringement by AirClic, Scanbuy and LScan, with those damages to be trebled due to the willful and wanton wanton adj. 1) grossly negligent to the extent of being recklessly unconcerned with the safety of people or property. Examples: speeding by a school while it is letting out students, or firing a shotgun in a public park. 2) sexually immoral and unrestrained. nature of the infringement. NeoMedia also seeks to preliminarily and permanently enjoin AirClic, Scanbuy and LScan from their infringing activities. This is the second patent infringement lawsuit brought by NeoMedia this month. On January 5, NeoMedia announced it filed against Virgin(R) Entertainment Group, Inc., Virgin Megastore Online and Virgin Megastore (Virgin), charging infringement against the same patents. 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/Mobile 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/Mobile Phones are trademarks of NeoMedia Technologies, Inc. Other trademarks are properties of their respective owners. |
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