Re: From Document 78 Filed 04/27/2007
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Message: Re: From Document 78 Filed 04/27/2007
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EIGHTH COUNTERCLAIM
(Indemnification)
69. e.Digital incorporates by reference the allegations in the preceding paragraphs of this Counterclaim.
70. digEcor has put e.Digital at risk by selling media players that incorporate e.Digital’s technology alongside unlicensed proprietary technology of other parties, without the consent of those other parties or of e.Digital.
71. e.Digital has been injured by the increased risk caused by digEcor’s wrongful actions, and may suffer further injury if the owners of the unlicensed technology seek redress from e.Digital related to digEcor’s wrongful actions, over which e.Digital has no control.
72. As between digEcor and e.Digital, digEcor is responsible for any liability that arises from its use of unlicensed technology, as digEcor acted of its own accord and without e.Digital’s input or control.
73. e.Digital is entitled to a judgment that digEcor indemnify e.Digital for all costs, fees and judgments that result from any dispute arising as a result of digEcor’s wrongful use of unlicensed technology in its media players.
(Indemnification)
69. e.Digital incorporates by reference the allegations in the preceding paragraphs of this Counterclaim.
70. digEcor has put e.Digital at risk by selling media players that incorporate e.Digital’s technology alongside unlicensed proprietary technology of other parties, without the consent of those other parties or of e.Digital.
71. e.Digital has been injured by the increased risk caused by digEcor’s wrongful actions, and may suffer further injury if the owners of the unlicensed technology seek redress from e.Digital related to digEcor’s wrongful actions, over which e.Digital has no control.
72. As between digEcor and e.Digital, digEcor is responsible for any liability that arises from its use of unlicensed technology, as digEcor acted of its own accord and without e.Digital’s input or control.
73. e.Digital is entitled to a judgment that digEcor indemnify e.Digital for all costs, fees and judgments that result from any dispute arising as a result of digEcor’s wrongful use of unlicensed technology in its media players.
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