New submitter ottdmk writes "You may recall this recent Slashdot story about Mformation being awarded 147.2 million dollars in a patent suit against RIM. Well, it appears a California appeals judge has disagreed with that verdict. As part of the ruling, if Mformation successfully appeals, the matter will go to a new trial instead of the jury award being restored."

Attorneys for Dominica Juliano claim that she was burned and developed psychological problems after a store clerk aimed a hand-held price scanner at her face. Store attorneys say their scanners uses a harmless LED light and that the girl had serious health problems before she was scanned. From the article: "Dominica Juliano was 12 when she and her grandmother entered the Country Fair store in Erie in June 2004. A clerk allegedly called the girl 'grumpy' before flashing his hand-held bar code scanner over her face and telling her to smile. Attorneys for Ms. Juliano and her guardian say the girl was sensitive to light and burned, and later developed post-traumatic stress and Tourette's syndrome."