UNITED STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
__________________
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) of the
SECURITIES
EXCHANGE ACT OF 1934
__________________
Date of
Report (Date of earliest event
reported): February 15, 2011
NeoMedia Technologies,
Inc.
(Exact
Name of Registrant as Specified in Charter)
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Delaware
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0-21743
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36-3680347
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(State
or other jurisdiction of incorporation)
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(Commission
File Number)
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(IRS Employer Identification No.) |
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Two Concourse Parkway,
Suite 500, Atlanta, GA
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30328
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(Address
of principal executive offices)
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(Zip
code)
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Registrant's
telephone number, including area code:
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(678)
638-0460
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Not
Applicable
(Former
Name or Former Address, If Changed Since Last Report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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| o |
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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| o |
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
1.01. Entry Into a Material Definitive Agreement
Exercise
of Search TechnologyOption
On
December 21, 2010, NeoMedia Technologies, Inc., a Delaware corporation (the
“Company”), entered into a license, covenant not to sue
and release agreement (the “Agreement”), to grant
a five year, non-exclusive, non-sublicensable license to eBay Inc. (“eBay”) with respect
to certain of the Company’s patents and applications, as disclosed in the
Company’s Current Report on Form 8-K which was filed with the U.S. Securities
and Exchange Commision on December 22, 2010.
On February 15, 2011 eBay notified the Company that eBay
had elected to exercise its option (as defined in the Agreement, the
“Option”) to include in the Agreement the Company’s U.S.
Patent Nos. 6,766,363; 6,675,165; 6,651,053; and 6,430,554, and related patents
and applications, such patents described in the
Agreement as the Company’s Search Technology (the “Search
Technology”). As a result of the exercise
of the Option, the Company received an additional license fee from eBay for
the initial term of the Agreement.
The
foregoing description of the Agreement and the Option therein does not purport
to be complete and is qualified in its entirety by reference to the Agreement,
which is incorporated herein by reference under Exhibit 10.1 to this
Current Report on Form 8-K.
ITEM
9.01. Financial Statements and Exhibits
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(a)
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Not applicable. | |
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(b)
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Not applicable. | |
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(c)
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Not applicable. | |
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(d)
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Exhibit
No. Description:
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EXHIBIT
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DESCRIPTION
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LOCATION | ||
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Exhibit
10.1
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Confidential
License Agreement, dated December 21, 2010, by and between the Company and
eBay Inc.
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Incorporated
by reference to Exhibit 10.1 of the
Company’s Current Report on From 8-K, as filed with the SEC on December
22, 2010
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SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
Company has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
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Date: February
21, 2010
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NEOMEDIA TECHNOLGIES, INC. | |
| By: |
/s/ Michael
Zima
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| Name: |
Michael
Zima
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| Its: |
Chief
Financial Officer
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