Free
Message: Thoughts

Cassandra, do you own any e.Digital shares yet? Even one would make you a shareholder.

You wrote,

"This exclusive right to represent is a first step, but doesn't necessarily mean that DM has already made a determination that EDIG's patent enforcement claims are strong enough for them to pursue on a contingency basis."

You conveniently left out the word "ALL". DM may not have determined yet that ALL of EDIG's 174 patent enforcement claims are strong enough to pursue on a contingency basis. Naturally if an infringer who has been put on notice decides to play hardball and not license EDIG's IP, DM and EDIG will decide if they have a good chance of succeeding in a lawsuit. Why waste X-manhours in court if you don't believe you can win? You can bet your arse DM has decided the majority of EDIG's patent claims are strong enough to pursue as evidenced by their offer found in this paragraph of the 8-K,

Fees. Duane Morris will agree to handle e.Digital's Patent Enforcement Matters on a contingent fee basis. [What is hard to understand about that sentence?] In other words, our fee will depend upon whether or not we are able to recover any sums on e.Digital's behalf, including but not limited to by way of settlements, judgments, licensing transactions, or the completion of any other transaction (the "Resolution"). We have advised you that our fees are normally based on the time spent and the regular hourly rates of each attorney and legal assistant performing services on e.Digital's behalf regardless of the outcome. However, given the nature of e.Digital's cases, you have chosen to accept our offer to handle the matter on a contingency fee basis and you have rejected hourly rate representation.

Gee, why do you think a high-powered law firm like DM would offer to represent us on a contingency basis and risk losing out on the hourly rates of each attorney? Maybe, contrary to your statement, because they do feel our patents are exceptionally strong? Naaaaa, that can't be it...can it?

Share
New Message
Please login to post a reply