On March 6, 2001, the ‘048 Patent, entitled “System and Method for Automatic Access of a Remote Computer Over a Network” was duly and legally issued by the United States Patent and Trademark Office (“the USPTO”).12.
The claims of the ‘048 Patent were subjected to two ex partereexaminations before the USPTO. The first reexamination was instituted on July 26,2007 (“the 2007 Reexamination”), and resolved on June 9, 2009, when the USPTOissued an Ex Parte Reexamination Certificate (6867
). The second reexamination wasinstituted on September 20, 2010 (“the 2010 Reexamination”), and resolved onSeptember 6, 2011, with the USPTO issued an Ex Parte Reexamination Certificate(8519
). A true and correct copy of the ‘048 Patent, and its two Ex Parte ReexaminationCertificates is attached as Exhibit A.13.
On March 6, 2012, the ‘597 Patent, entitled “System and Method for Using an Ordinary Article of Commerce to Access a Remote Computer” was duly andlegally issued by the USPTO. A true and correct copy of the ‘597 Patent is attached asExhibit B.14.
The ‘048 patent has been asserted in several previous patent infringementlawsuits, each of which resolved by default judgment in favor of NeoMedia or by theaccused defendants agreeing to enter license agreements with NeoMedia. These previousactions include: NeoMedia Technologies, Inc. v. Virgin, Inc. et al, Case No. 04 CV00021, (N.D. Ill.); NeoMedia Technologies, Inc. v. LScan, Inc., Case No. 04 CV 2307(E.D. Pa.); NeoMedia Technologies, Inc. v. AirClic, Inc., Case No. 04 CV 1692 (E.D.Pa.), NeoMedia Technologies, Inc. v. ScanBuy, Inc., Case No. 04 CV 03026