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EFF Challenges Bogus Patent Threatening Consumer Awareness Products

PRESS RELEASE
April 24, 2007

Illegitimate Patent Inhibits Innovation in Market for Mobile Information Access

San Francisco - The Electronic Frontier Foundation (EFF) took aim today at a bogus patent threatening innovative technologies that enhance consumer awareness, requesting a reexamination by the United States Patent and Trademark Office (PTO).

NeoMedia Technologies, Inc., 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 not only to threaten and sue innovators in the mobile information space, but also to intimidate projects focused on increasing awareness among consumers about the social and environmental impact of the products they buy. For example, the Consumer Information Lab at the College of Natural Resources at the University of California at Berkeley uses such technology to examine how health, environmental, and social information affects consumers' shopping behavior and decision-making. Were NeoMedia to control the patent rights to this technology, such projects could be severely limited and potentially shut down.

"NeoMedia should not be allowed to use this bogus patent to inhibit consumer awareness, education, or research into the impact of information on consumer choice," said EFF Staff Attorney Jason Schultz. "This is the opposite of 'progress,' something the patent laws are supposed to promote."

EFF's reexamination request shows that the functionality covered by NeoMedia's bad patent was repeatedly included as part of prior patent applications from other companies -- demonstrating that the idea of forming a network connection from scanned items was well-known before NeoMedia made its claim. EFF, in conjunction with Paul Grewal and James Czaja of Day Casebeer Madrid &amp Batchelder, ask the PTO to revoke the patent based on this and other evidence.

"Our patent system is supposed to protect innovation, not block it. Everyone loses if the Patent Office allows these kinds of abuses to continue," said Grewal, a partner at the Day Casebeer firm.

The challenge to the NeoMedia patent is part of EFF's Patent Busting Project, which combats the chilling effects bad patents have on public and consumer interests. So far, the project has helped kill a bogus patent covering a system and method of creating digital recordings of live performances. The PTO has also granted another EFF reexamination request for an illegitimate patent for online test-taking.

For the full NeoMedia patent reexamination request:
https://www.eff.org/patent/wanted/patent.php?p=neomedia

For more on EFF's Patent Busting Project:
https://www.eff.org/patent/

For more on Day Casebeer Madrid &amp Batchelder:
http://www.daycasebeer.com

For more information on the Consumer Information Lab at UC Berkeley's College of Natural Resources:
http://nature.berkeley.edu/infolab/projects/informationtoolsdevelopmentproject

Contacts:

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org

Paul Grewal
Partner
Day Casebeer Madrid &amp Batchelder
pgrewal@daycasebeer.com

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