"I can't believe that the intent of the 3-year contract in 2002 wasn't to supercede ALL and ANY previous agreements including the non-compete portion of the original NDA"

Then why was it entered in the OCt agreement and why did Boyer sign off on it?

These guys were going forward with forming a more close relationship with the Oct agreement. They were moving to share in the market.

If it were not for the items of revenue sharing in future markets and such of the Oct agreement, I would consider, what you consider, to be true.

doni