Press Release Source: NeoMedia Technologies, Inc.
Patent Infringement Lawsuit Brought by NeoMedia Against AirClic Inc., Scanbuy, Inc., and LScan Technologies Inc.
Monday January 26, 10:12 am ET
FT. MYERS, Fla.--(BUSINESS WIRE)--Jan. 26, 2004--NeoMedia Technologies, Inc. (OTCBB: NEOM - News), 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 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 of the existence of the patents-in-suite, 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 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® Entertainment Group, Inc., Virgin Megastore Online and Virgin Megastore (Virgin), charging infringement against the same patents.
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