Saturday, July 19, 2008

U.S. Patent Office Rejects All Ninety Five NeoMedia Patent Claims

Oh Wow breaking news - It's a great freaking day for the EFF :)

U.S. Patent Office Rejects All Ninety Five NeoMedia Patent Claims

Hey Streetstylz and all you other Neomedia flunkies - when you read this post think of me :)

This is a really big deal - 95 out of 95 patent claims all rejected, wow this is too cool and has put a smile on my face for the whole weekend.

Wonder what Ogilvy (and others) are thinking backing the wrong 'indirect' technology now. When Neomedia go bankrupt or are countersued out of existince all those marketing campaigns will cease to work and all the time and effort invested will be wasted.

Direct connect 'license free' QR codes are the way to go - paying license fees for a technology that Denso opensourced and made free in the 1990's is just dumb.

For those of you that want to read more detail check out the EFF site that links directly to the USPTO ruling



  1. I was in a good mood after reading this today so it was time to make another donation to the EFF.
    If you care about someone looking out for your interests in IT and innovation then maybe you might like to consider making a donation to the EFF also.


    Hi Dean,

    Thank you for joining the Electronic Frontier Foundation (EFF)! Your membership contribution of $100.00 means a world of difference to EFF and enables EFF attorneys, technologists, and activists to continue to protect free speech, fair use, innovation and privacy in the online world.

    On behalf of our Board, staff and volunteers, thank you for your contribution and for helping to protect digital freedom.

    Subscribe to the EFFector email newsletter and learn about other ways to help preserve our digital rights at


    PS: Your gift is tax deductible as allowed by law. EFF is a 501(c)(3) organization, and EFF's federal tax ID number is 04-3091431. EFF respects the confidentiality of its supporters and we do not lend, rent or sell our lists of donors at any time.

  2. This was a non-final rejection. The USPTO today completely validated all 95 claims of this patent, so now this dispute has finally been resolved.

    Hopefully everyone can move forward now.

  3. Hey Dean,

    How about donating some more money to the flunkies at the EFF LOL LOL !!

    NeoMedia won the patent reexamination !!!!!

  4. Does anyone have the actual USPTO statement/judgement, I'm yet to read anything apart from this press release from neomedia?

    I'd like to read facts rather than a $600 press release.

    Can you provide something more concrete?

  5. Barkume & Associates Wins Reexamination Proceeding For NeoMedia

    I love this part:

    "This decision cannot be appealed by EFF or any other third party. The claims of the '048 patent as clarified once again will enjoy the presumption of validity and have been strengthened as a result of the process."


  6. No sorry, your statement it cant be challenged is just wrong.

    As I've said elsewhere my advice to all my clients is just to ignore this patent and deploy their qr code applications as they see fit.

    Neomedia will not be challenging anyone for patent infringement as there are too many ways to work around them.

    Neomedia have made false statements about all 95 patents being upheld when this is not the case, some where dropped, some were modified.

    The first thing i would do if challenged would be to ask for a transcription of the Febuary 4th telephone call to be produced.

    If Neomedia would like to sue me they know where to find me.


  7. Yep yet another indicative comment of Neomedia representatives.

    And you wonder why no one takes you guys seriously.


  8. "As I've said elsewhere my advice to all my clients is just to ignore this patent and deploy their qr code applications as they see fit."

    Do you know what an "admission against interest' is, Mr. Collins?

    Under the law, a patent issued by the USPTO is entitled to a presumption of legal validity unless and until (i) the USPTO cancels the patent or (ii) a federal court determines - on the basis of strong evidence submitted by an alleged infringer - that the patent is invalid.

    Have you truly thought throught the potential legal consequences of advising your clients to ignore a patent issued by the USPTO? I think you should.

  9. Do you know what the weather in Skopje is at the moment Mr Anonymous?


    On the internet know one knows you are a dog....right.


  10. So what does this mean for companies that are operating from countries abroad like 3G vision(Israel).
    Will they have to license this patent from neomedia to do any business in the U.S or can they just continue working like before as long as they do not open an official office in the U.S. I know the Japanese have been using 2-D scanners for forever, so what about Japanese cell phones being sold to the U.S. I mean even Nokia have got their own 2D barcode scanner will they also have to acquire a license?

  11. All good questions, i think they should be answered by the Neomedia people visiting this blog (yes i see you).

    Were waiting for your comments, i'll publish whatever someone official from Neomedia cares to post as long as they attach their name this time.

    Personally I'll be very surprised when they win their first 'judgement' case against someone using QR codes.

    A patent is only valuable if people are prepared to license the technology from you....

    Balls in your court Neomedia



    Neustar and NeoMedia Speed Up Widespread Implementation of Mobile 2D Barcodes

    "Neustar today announced a landmark agreement with NeoMedia Technologies to have Neustar act as the exclusive patent licensing agent in the US for NeoMedia’s intellectual property for two-dimensional barcodes."


    "NeoMedia has granted Scanbuy a (10 year) royalty bearing, non-exclusive license to a portion of its patent portfolio in the U.S.

    Hey Dean, keep donating all your money to the EFF! LOL!


  13. Yeh i notice no one has actually announced how much the royalties are worth and how much they are paying in cash, two people in a sinking boat agreeing not to throw more water on each other is hardly an announcement.

    Wake me up when Neomedia actually sues someone for breach of their worthless patents.

    Until the patents are challenge in court they are worth the paper they are printed on.

  14. Neustar, a company with a $1.6B market cap, disagrees with you.

    Neustar is now NeoMedia's licensing agent.

    Neustar will become CTIA's mobile code registry & clearing house that ALL major brands will register their indirect codes through.

    Dean, you are a nobody in this space & this will be much bigger than you can ever imagine!

  15. Yep, i read the CTIA proposal for their 2d barcode clearinghouse and have posted on my blog why i think it will fail.

    And yes i know i am a nobody in this space, the cool part about QR codes is that they are free to create, use and enjoy without license from Denso so it doesn't matter that I'm a nobody.

    Pretty cool that isn't it :P