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Message: Random Thoughts

Random Thoughts

posted on Apr 11, 2007 07:51AM

1. Since e.Digital’s patent rights expire in 2015, they don’t have 15 years to prove infringement (more like only 7 or 8). 174 divided by 8 = about 22 per year if we were to simplistically assume an even spread (which I wouldn’t). Regardless, that’s a lot of work for DM to do if they were to go after everyone - about 2 per month on average. I’d say they better get cracking.

2. Count me as a member of the low-hanging fruit crowd. I thought I mentioned this thought not too long ago but can’t pull up enough history on Agora. Anyway, it makes sense to me that DM/EDIG would first go after those claims which were deemed the most solid and easiest to prove - and against those companies which would likely offer the least resistance and have the ability to pay. There are several factors to consider of course, but I’m sure they’ll do whatever it takes to guarantee early success and to lay some solid groundwork for future challenges.

3. Everyone seems to think the share price will receive quite a boost once they name the first infringer. Didn’t we also think we’d get a big (much bigger than we got) increase after they named the law firm? So who can really tell? Obviously it will depend on who they name, how much detail is given, and a host of other factors.

4. Considering the recent Supreme Court decision (if I understand it right), it’s possible DM/EDIG will actually file a lawsuit first before sending a letter; and since this is public information, we may know the first target(s) much sooner than we would have. Otherwise, we’d have to wait for a letter and negotiation before they would finally either file or announce something.

5. The ‘774 patent (which they’ve specifically mentioned as apparently holding the most promise) is basically about recording and playback of voice messages. Well beyond the Olympus devices, there are lots of cell phones which include this as a feature. I think Trillium suggested (based on conversations with RP?) that cell phones would NOT be among those first targeted? Very curious if true. Assuming this is seen as a very strong case, perhaps they anticipate a lot of resistance from the cell phone companies - and again, would rather pick some low-hanging (and softer) fruit first. It will be very interesting indeed to see their strategy unfold.

I’m enjoying the apparent base we seem to have here around 20 cents, but I’m ready again for the next leg up. Surely by the end of the quarter if not the end of the month, we’ll see an even higher base above our new 52-week high - based on increasing eVU sales/announcements and hopefully more details on the IP front. Good times certainly appear to be ahead.

- Sinkman


Apr 11, 2007 08:53AM

Apr 11, 2007 09:27AM

Apr 11, 2007 09:46AM
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