EFF challenges NeoMedia’s patent claim on barcode / mobile picture / price comparison
I had an anonymous tip in this afternoon pointing my attention to this post on the Electronic Fronteir Foundation’s site.
Link: EFF: DeepLinks
A company called NeoMedia has a patent on reading an “index” (e.g, a bar code) off a product, matching it with information in a database, and then connecting to a remote computer (e.g., a website). In other words, NeoMedia claims to have invented the basic concept of any technology that could, say, scan a product on a supermarket shelf and then connect you to a price-comparison website. To bust this overly broad patent, we need to find prior art that describes a product made before 1995 that might be something like a UPC scanner, but which also connects the user to a remote computer or database. Take a look at the description and please forward it to anyone you know who might have special knowledge in this area. You can submit your tips here.
What do you think? Would you ever take a ‘picture’ of a barcode with your phone to try and compare it’s price? I think that whole process is just far too much of an arse myself.
Tens of millions of people in Japan use the underlying functionality every day.
The barcode to price comparison is an overly complex example. How about: point camera at QRcode (printed on say on an advertisement for a restaurant) . With one click, as opposed laborious keyboard entry of some less-than-intuitive text string, mobile handset browser displays mobile-formatted hompage of restaurant with information about menu, prices, business hours, link to map(s), and discount coupon. This information is now in the handset’s memory, something from which both the advertiser and advertised-to would appear to benefit.
Posted by Ben Miller on November 20th, 2006 at 3:41 am.Ah I really don’t like the functionality
I think it’s just me. I’d much rather do a ‘zoove.com’ and dial **FORD or something like that — to get the mobile link, rather than mess around taking photos.
Posted by ewan on November 20th, 2006 at 12:20 pm.Actually Ewan, if it’s done right, it’s a very smooth process. In Japan, you don’t even have to take a picture, you just hover your phone over the QR code or FP code (the picture version which is a *very* cool idea) and your phone automatically knows that it’s seeing a QR code and reacts accordingly. So even simpler than shozu for example. But then the QR reader is pre-installed on phones in Japan so it’s dead easy. Jan from W2forum has written about a lovely example of using FP codes in a Japanese temple here: http://w2japan.blogspot.com/2006/11/ancient-temple-embracres-fp-codes.html
I don’t know how the qode system from NeoM compares - I haven’t used it yet. But I imagine it involves a download first which is always going to be somewhat of a barrier until this stuff is pre-installed.
However, going back to the main point of the post.. I’m interested to know if there is prior art to NeoM’s patent application. We’ve been using barcodes and readers for as long as I can remember (and I spent almost 10 years in retail from 1986 and we were using scanners, barcodes and Epos systems even then). But then I’m not a patent expert and defer to those who know more about these things.
Posted by technokitten on November 20th, 2006 at 1:03 pm.Not unrelated to this thread:
http://theponderingprimate.blogspot.com/2006/11/text-to-buy-will-soon-be-replaced-with.html
http://ben-miller.blogspot.com/2006/11/qrcode-url-redirect-patent-troll.html
http://www.appelsiini.net/keitai-l/archives/2006-02/0006.html
Posted by Ben Miller on November 20th, 2006 at 1:12 pm.As a lawyer, the EFF has absolutely no case against NeoMedia.
There are patents in existence that do describe scanning and reading UPC labels. However, they are in reference to closed systems or simply in reference to hand held barcode scanning equipment.
That seems to be the case here. These previous patents do not seem to reference using UPC codes in an open system, ala NeoMedia’s patent, to connect directly to the Internet. That is the key difference between NeoMedia’s patent and the prior art provided by the EFF.
In the AirClic vs NeoMedia case, it was deemed that AirClic was connecting barcodes internally in a closed system and was not violating NeoMedia’s patents, which cover the process in an open ‘direct connect to the Internet’ system. Hence, the court already decided and acknowledged that there are two different kinds of patented processes here. Open vs Closed systems.
AirClic did not receive a license to use NeoMedia’s patented technology, and the two companies agreed that AirClic’s current business model - mobile enterprise solutions - is not in NeoMedia’s space because AirClic used a closed system.
The fact of the matter is, the EFF has ulterior motives. I have never seen a respectable lawyer use the word “bogus†in a press release. That type of language is libelous. The EFF’s whole agenda is inflammatory and attempts to distort their true motives.
Truth be told, they have intentionally left out Virgin Entertainment consistently since 2004 - because it is clear a multi-billion dollar company (that ended up settling and licensing with NeoMedia) doesn’t fit the story they are fabricating about NeoMedia going after only small companies.
The prior patents submitted by the EFF have no true commonality with NeoMedia’s patents.
AJ
http://blog.announcemobile.com/2007/04/25/my-opinion-of-the-eff-the-polite-version/
Posted by AJ on April 26th, 2007 at 9:28 am.On July 6, 2007 vindication was rightfully awarded to NeoMedia, as the United States Patent and Trademark Office justifiably denied the EFF’s patent reexamination request, further strengthening and re-confirming the validity of NeoMedia Technologies’ patents.
http://streetstylz.blogspot.com/2007/07/eff-denied-for-patent-reexamination.html
Posted by STREETZ on July 8th, 2007 at 8:33 am.The EFF was denied by the US Patent Office on their request for the reexamination of NeoMedia’s patent.
http://i17.tinypic.com/4uad641.jpg
Posted by STREETZ on July 10th, 2007 at 2:22 am.On a related note - I’ve finally found a decent use for my N95 Barcode Reader via a rather nifty Firefox plugin…
Tis tres cool.
Go to any website - hit the barcode button in your firefox browser - read it with N95 and voila - said website opens in your phone’s browser…
Posted by James Whatley on July 11th, 2007 at 11:16 am.The EFF failed for a 2nd time in their efforts to invalidate NeoMedia’s patents.
http://i13.tinypic.com/52ykif9.jpg
http://biz.yahoo.com/prnews/070724/cltu042.html
Posted by STREETZ on July 24th, 2007 at 7:17 pm.The reexamination of NeoMedia’s patent doesn’t concern me at all, as it is merely a formality.
As you know, NeoMedia has very coveted patents. These patents were first licensed by Digital Convergence in 2000 to facilitate the launch of the :CueCat. They were also the catalyst in the licensing of our patents to Cross Pen, Symbol, and NeoMedia’s acquisition of the qode assets in 2001.
Years later, NeoMedia successfully won legal battles against Virgin Entertainment — who licensed our intellectual property portfolio — and successfully defeated AirClic and LScan. NeoMedia’s patents have proven their value and worth in true time tested fashion.
One would certainly think that patent #6,199,048 has been under the microscope over the years, and has been looked over with a fine-toothed comb. Especially for prior art in the preceding patent infringement cases with Virgin, AirClic, and LScan.
Too many Patent Experts and legal representatives have looked at the core patents (mainly the Huedtz patents) and have not figured out a way around them; Motorola, Symbol, Qualcomm, Digital Convergence’s legal team, Cross Pen, etc.
Regards
Posted by streetstylz on October 29th, 2007 at 1:19 am.