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NeoMedia Reports Sale of End User Device Licenses to AirClic.


FORT MYERS Fort Myers, city (1990 pop. 45,206), seat of Lee co., SW Fla., on the Caloosahatchee River, near the Gulf of Mexico; founded 1850, inc. 1905. It has a tourist trade and light industry and is a shipping point for citrus fruits, winter vegetables, flowers (especially , Fla. -- NeoMedia Technologies, Inc. (OTCBB OTCBB

See OTC Bulletin Board (OTCBB).
:NEOM), today reported that AirClic Inc., of Newtown, Pennsylvania Newtown is the name of some places in the U.S. state of Pennsylvania:
  • Newtown, Bucks County, Pennsylvania
  • Newtown Township, Bucks County, Pennsylvania
  • Newtown, Schuylkill County, Pennsylvania
  • Newtown Township, Delaware County, Pennsylvania
, whom it is currently suing for 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. , has paid royalties for end user licenses for 6,958 devices pursuant to NeoMedia patents.

The devices were manufactured by Symbol Technologies, a NeoMedia licensee, and purchased by AirClic for resale to AirClic customers. In May 2001, NeoMedia signed a worldwide agreement which gave Symbol the right to grant licenses to itself and third parties under NeoMedia's intellectual property for a fixed fee per device.

Charles T. Jensen, 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 his company was notified by an AirClic attorney that an End User License Agreement (EULA (End User License Agreement) The legal agreement between the manufacturer and purchaser of software. It is either printed somewhere on the packaging or displayed on screen at time of installation, the latter being the better method, because it cannot be avoided. ) was executed by AirClic and Symbol on May 27, with AirClic paying Symbol for the licensed purchased as of that date.

"NeoMedia is extremely satisfied that AirClic has demonstrated that its end users need a NeoMedia patent license in order to use the AirClic platform," Jensen said. "AirClic's decision to enter into the EULA is surely a good start to resolving its infringement on our patents."

Jensen said NeoMedia will file an amended complaint amended complaint n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers),  against AirClic in the U.S. District Court, Eastern District of Pennsylvania, this week showing that the EULA executed between AirClic and Symbol does not obviate ob·vi·ate  
tr.v. ob·vi·at·ed, ob·vi·at·ing, ob·vi·ates
To anticipate and dispose of effectively; render unnecessary. See Synonyms at prevent.
 all of NeoMedia's infringement allegations against AirClic. The EULA, Jensen said, "merely allows the end user to use a Symbol device which AirClic has distributed and paid a royalty on, with the license rights passing through to the end user.

"The End User License Agreement does not exonerate AirClic of past and present manufacture, use, offers for sale and sale of any of its systems, including its Mobile Information Platform (MIP MIP

See: Monthly income preferred security
) and its AirClic Community Enabler (ACE)," said Jensen. "It is important to note that AirClic's switches are not included in the agreement, since, as defined by the EULA, 'a switch is not a Device'."

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(R) 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 is a registered trademark and PaperClick for Cell/Mobile Phones is a trademark of NeoMedia Technologies, Inc.

Other trademarks are properties of their respective owners.
COPYRIGHT 2004 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jun 23, 2004
Words:481
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