I can't see DM going through the DD, working with Nunnley to understand WHAT eDigital owns and the inheirent value; then blowing it off.  Of course, they could could do just that, but not likely, IMO.

My experience with trademark and patent lawyers is they are very different than our labor or corporate guys.  Not as good on the golf course, but much sharper about new IP / trademark events and how it affects the case.  Also, very good with those nasty depositions from the mean ole copy cats. 

Of course, once upon a time I was the mean ole copy cat in Ward's Marshall, TX court and I folded like a cheap lawn chair with Brent Wood pounding down....done in about 3 days from "notice" with a deal negotiated.

My guess is DM is doing something, maybe not hitting our case every day, but the are on it until something material happens.  The timeline in Marshall, TX can be fairly quick -- as in under a year for all the preliminary work and Markman hearing.  I hope we don't go that far, but DM may be banking on Vivitar to pull on those Big Boy pants and press them to get a favorable Markman ruling, then settle (I hope).   I doubt DM wants any part of an expensive trial.  However, Vivitar's legal eagles (no pun) may know the same.

Interesting times, but wait we must.....obewan