Assignment history

Inventors

• Frank C. Hudetz: Implied to be associated with Neomedia Technologies Inc. at the time of filing, as the patent was originally assigned to the company.
• Peter R. Hudetz: Implied to be associated with Neomedia Technologies Inc. at the time of filing, as the patent was originally assigned to the company.

Original assignee

The original assignee named on the issued patent is Neomedia Technologies Inc.

Neomedia Technologies Inc. was a U.S. company focused on developing 2D mobile barcode technology and service solutions for mobile marketing and commerce. Their products included the NeoReader barcode scanning application and cloud-based platforms like NeoSphere and QodeScan. They actively shipped products embodying the claims, such as their PaperClick technology, which connected mobile users to web content via barcode scans.

The company faced significant financial challenges, including deep financial losses and substantial debt. Its assets were acquired in 2016, and it currently trades as a micro-cap OTC security, with some reports suggesting the company no longer actively exists in its original form.

Assignment timeline

The full assignment record for US7383209, derived from the USPTO Assignment Center, is as follows:

• 2007-03-27 (executed) / recorded 2007-04-02 — Reel 020084/0972
  • Conveyance: Security Agreement
  • Assignor: NEOMEDIA TECHNOLOGIES, INC.
  • Assignee: CORNELL CAPITAL PARTNERS, L.P.
  • Correspondent: ALSTON & BIRD LLP, ONE ATLANTIC CENTER, 1201 WEST PEACHTREE STREET, ATLANTA, GEORGIA 30309-3424
  • Context: Securitization of assets by Neomedia Technologies, Inc.
• 2007-10-04 (executed) / recorded 2007-10-10 — Reel 020583/0205
  • Conveyance: Security Agreement
  • Assignor: NEOMEDIA TECHNOLOGIES, INC., NEOMEDIA MIGRATION, INC., NEOMEDIA MICRO PAINT REPAIR, INC., NEOMEDIA TELECOM SERVICES, INC.
  • Assignee: YA GLOBAL INVESTMENTS, LP
  • Correspondent: ALSTON & BIRD LLP, ONE ATLANTIC CENTER, 1201 WEST PEACHTREE STREET, ATLANTA, GEORGIA 30309-3424. This correspondent recurs in this chain.
  • Context: Further securitization of assets by Neomedia Technologies, Inc.
• 2008-11-04 (executed) / recorded 2008-11-07 — Reel 022067/0122
  • Conveyance: Security Agreement
  • Assignor: NEOMEDIA TECHNOLOGIES INC.
  • Assignee: YA GLOBAL INVESTMENTS, L.P.
  • Correspondent: ALSTON & BIRD LLP, ONE ATLANTIC CENTER, 1201 WEST PEACHTREE STREET, ATLANTA, GEORGIA 30309-3424. This correspondent recurs in this chain.
  • Context: Renewal or additional securitization of assets by Neomedia Technologies, Inc.
• 2009-05-13 (executed) / recorded 2009-05-20 — Reel 023307/0472
  • Conveyance: Assignment of Assignors Interest
  • Assignor: HUDETZ, FRANK C, HUDETZ, PETER R
  • Assignee: SOLAR COMMUNICATIONS, INC.
  • Correspondent: JOHN R. MCGREGOR, ESQ., MCGREGOR & ASSOCIATES, P.C., P.O. BOX 12975, ATLANTA, GEORGIA 30355-2975. This correspondent recurs in this chain.
  • Context: Assignment of inventors' interest to a third-party intermediary.
• 2009-05-13 (executed) / recorded 2009-05-20 — Reel 023307/0475
  • Conveyance: Assignment of Assignors Interest
  • Assignor: SOLAR COMMUNICATIONS, INC.
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: JOHN R. MCGREGOR, ESQ., MCGREGOR & ASSOCIATES, P.C., P.O. BOX 12975, ATLANTA, GEORGIA 30355-2975. This correspondent recurs in this chain.
  • Context: Assignment from intermediary (Solar Communications, Inc.) back to Neomedia Technologies, Inc.
• 2016-01-29 (executed) / recorded 2016-02-02 — Reel 034079/0988
  • Conveyance: Notice of Security Interest
  • Assignor: NEOMEDIA TECHNOLOGIES, INC.
  • Assignee: YA GLOBAL INVESTMENTS, L.P.
  • Correspondent: REED SMITH LLP, 599 LEXINGTON AVENUE, NEW YORK, NEW YORK 10022-7650
  • Context: Additional security interest granted by Neomedia Technologies, Inc.
• 2016-09-02 (executed) / recorded 2016-09-06 — Reel 034637/0101
  • Conveyance: Assignment
  • Assignor: NEOMEDIA TECHNOLOGIES, INC.
  • Assignee: NM, LLC
  • Correspondent: MCGREGOR & ASSOCIATES, P.C., C/O NEOMEDIA TECHNOLOGIES, INC. 3333 RIVERWOOD PARKWAY, SUITE 210, ATLANTA, GEORGIA 30339. This correspondent recurs in this chain.
  • Context: Transfer of patent ownership from operating company to a new entity.
• 2017-01-24 (executed) / recorded 2017-02-09 — Reel 035252/0128
  • Conveyance: Release
  • Assignor: YA GLOBAL INVESTMENTS, LP
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: MCDERMOTT WILL & EMERY LLP, 2000 AVENUE OF THE STARS, SUITE 1100, LOS ANGELES, CALIFORNIA 90067-4725. This correspondent recurs in this chain.
  • Context: Release of security interest from YA Global Investments, LP.
• 2017-01-24 (executed) / recorded 2017-02-09 — Reel 035252/0131
  • Conveyance: Release
  • Assignor: YA GLOBAL INVESTMENTS, LP
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: MCDERMOTT WILL & EMERY LLP, 2000 AVENUE OF THE STARS, SUITE 1100, LOS ANGELES, CALIFORNIA 90067-4725. This correspondent recurs in this chain.
  • Context: Release of security interest from YA Global Investments, LP.
• 2017-01-24 (executed) / recorded 2017-02-09 — Reel 035252/0134
  • Conveyance: Release
  • Assignor: CORNELL CAPITAL PARTNERS, L.P.
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: MCDERMOTT WILL & EMERY LLP, 2000 AVENUE OF THE STARS, SUITE 1100, LOS ANGELES, CALIFORNIA 90067-4725. This correspondent recurs in this chain.
  • Context: Release of security interest from Cornell Capital Partners, L.P.
• 2017-01-24 (executed) / recorded 2017-02-09 — Reel 035252/0137
  • Conveyance: Release
  • Assignor: YA GLOBAL INVESTMENTS, LP
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: MCDERMOTT WILL & EMERY LLP, 2000 AVENUE OF THE STARS, SUITE 1100, LOS ANGELES, CALIFORNIA 90067-4725. This correspondent recurs in this chain.
  • Context: Release of security interest from YA Global Investments, LP.

Timeline diagram

timeline
    title Ownership of US7383209
    2004 : Filed by Neomedia Technologies Inc
    2007 : Security interest to Cornell Capital
         : Security interest to YA Global
    2008 : Issued
         : Security interest to YA Global
    2009 : Inventors assign to Solar Comm Inc
         : Solar Comm Inc assigns to Neomedia
    2016 : Security interest to YA Global
         : Assigned to NM LLC
    2017 : Releases by YA Global to Neomedia
         : Release by Cornell Capital to Neomedia
         : Patent expired (fee related)

NPE / troll-pattern signals

1. Shell-entity transfer — Present.

   • The transfer to NM, LLC on 2016-09-02 (Reel 034637/0101) is a strong signal. NM, LLC is a generically named entity. New Mexico LLCs are known for offering privacy for owners and do not require owner names on initial filings. This transfer occurred after Neomedia Technologies Inc. had reportedly struggled financially and had its assets acquired.

2. Known asserter in the chain — Unclear.

   • While Neomedia Technologies Inc. itself has a history of patent assertion, for example, against SpyderLynk, LLC, the current assignee, NM, LLC, is not explicitly identified on common NPE lists. Cornell Capital Partners and YA Global Investments are investment firms, not typically direct patent asserters.

3. Repeat correspondent across the chain — Present.

   • ALSTON & BIRD LLP appears as correspondent for three security agreements involving Neomedia and its financiers (Reel 020084/0972, Reel 020583/0205, Reel 022067/0122).
   • JOHN R. MCGREGOR, ESQ., MCGREGOR & ASSOCIATES, P.C. appears for two cascading assignments in 2009 (Reel 023307/0472, Reel 023307/0475) and a key assignment in 2016 (Reel 034637/0101), handling significant ownership transfers.
   • MCDERMOTT WILL & EMERY LLP appears for all four releases of security interests in 2017 (Reel 035252/0128, Reel 035252/0131, Reel 035252/0134, Reel 035252/0137). This firm has a substantial IP litigation practice.

4. Cascading transfers — Present.

   • On 2009-05-13 (executed) / 2009-05-20 (recorded), the inventors Frank C. Hudetz and Peter R. Hudetz assigned their interest to Solar Communications, Inc. (Reel 023307/0472), which then immediately assigned its interest to Neomedia Technologies, Inc. on the same dates (Reel 023307/0475). These consecutive transfers with the same correspondent suggest a structured consolidation of rights.

5. Pre-litigation transfer — Not present.

   • The litigation summary explicitly states that no litigation has been found specifically involving US7383209.

6. Bankruptcy fire-sale — Present.

   • Neomedia Technologies Inc. was experiencing "deep financial losses and significant debt obligations" and its "assets were acquired in 2016". The assignment to NM, LLC on 2016-09-02 (Reel 034637/0101) by Neomedia, followed by the patent's expiration due to unpaid fees shortly thereafter in 2017, strongly indicates a distressed asset sale or transfer in the context of the original assignee's financial difficulties.

7. Privateering — Unclear.

   • There is no direct evidence indicating that Neomedia Technologies Inc. transferred the patent to NM, LLC with an explicit arrangement for NM, LLC to assert on Neomedia's behalf against competitors.

8. Defensive aggregator (anti-NPE) — Not present.

   • The chain does not show any assignment to known defensive aggregators like RPX, AST, LOT Network, Unified Patents, or Open Invention Network.

Verdict

NPE — high confidence

This verdict is justified by several strong signals. The transfer of the patent from the financially distressed operating company, Neomedia Technologies Inc., to NM, LLC on 2016-09-02 (Reel 034637/0101) is a key indicator of a shell-entity transfer, given NM, LLC's generic name and common use of New Mexico LLCs for patent assertion purposes. This transfer also aligns with a bankruptcy fire-sale scenario due to Neomedia's significant financial struggles. Furthermore, the consistent use of specific correspondents, such as JOHN R. MCGREGOR, ESQ., MCGREGOR & ASSOCIATES, P.C., across crucial assignments (Reel 023307/0472, Reel 023307/0475, Reel 034637/0101), highlights a managed ownership chain characteristic of patent monetization strategies. The patent subsequently expiring "Fee Related" in 2017 also supports an assertion-focused strategy rather than continued product development.

Verification: USPTO Assignment Center Search for US7383209