A few thoughts
posted on
May 16, 2008 11:27PM
I have given today's news quite a bit of thought and here are my thoughts on the subject. They may mean something or not
I think the 800 pound gorilla in the room is BOW.
I think BOW started with a single cause of action and has expanded the lawsuit to 5 different actions. I think it's very aparent that BOW is throwing doo-doo against the wall to see what will stick.
I think that most knowledgeable legal minds feel EDig does not have much too worry about legally but definitely does business wise.
I think the real problem with BOW/EDig is the hold it is putting on EDig's ability to do business and that is why EDig has been so silent for so long. Any good news is immediately used against EDig by BOW so EDig has to remain silent.
I think EDig did do decent eVu business the last quarter but cannot devulge the particulars because that business would immediately become part of BOW's lawsuit.
I think the embedded version of the eVu has met with success.
I think EDig has a very promising counter lawsuit against BOW for using EDig's technology in the Digeplayer xt......Not based on the use of any EDig's patents but based on the technical expertise provided by EDig's designs, schematics and help it provided the designers of the XT who have already stated for the record that EDig technical help was crucial in creating the product. All this information was provided to BOW BEFORE the lawsuit tainted the relationship when EDig was still in the picture providing the Digeplayer.
I don't think EDig provided, or gave permission to use any of the "codes" to BOW, OR ANYOTHER ENTITY, necessary to make legal use of any of EDig's patents. I don't know what these "codes" are but I do think EDig has NOT given them to anyone.
I think the BOW thingee will come to fruition at the trial in January. I feel EDig has always had its "door" open for any discussion but BOW has not knocked. I feel BOW will not give up until he legally has no where else to go.
I think as long as this drags on EDig will be silent.
I think there will be a SHM's meeting next quarter. In my mistaken belief that because the SEC is allowing companies to send out proxies electronically that no paper ballots need be sent. I think I am incorrect on this. There are those who want paper ballots and demand them and there are other situations that paper ballots are required so there will be another expense for EDig to comply.
I think the minute the BOW fiasco is put to bed you will be told of other areas of business that I think are being done as we speak. In other words I am making LL happy by stating that I think EDig is broadening it's business scope, not relying soley on IFE sales but have morphed into other areas. I believe there are solid contacts, at least 3 or 4, that are quite promising.....
I think DM controls 95% of the legalities currently taking place with EDig having input but no power.
I think most are wrong here in their assumptions as to why the Markman hearing is so far out. It's not because DM was "outlawyered" but because it controlled the "lawyering'. I think DM wanted a particular venue, with a particular judge more sympathetic to a cause such as the one being brought by EDig/DM and two years from now was the only time on the schedule. However that does not mean it will be two years from now. It is not written in stone. If an opening jumps up to DM's liking, and Vivitars, it could take place much sooner.
I think that is most likely a decent time frame and I am not so "bleak" any longer. If this were to go trial it would most likely fall in that time frame anyway and according to sman's post that is sufficient time for a knowledgeable decision to be arrived at. After a Markman hearing the trial "must" take place (I think) within 3 months if a settlement is not arrived at.
I think the "biggies" of the named infringers will fight to the last because what they are being sued for is a very, very large sum of "moola". I would not be surprised at a settlement or two or three from a named infringer after they weigh the balance of the legal ongoing costs and what the additional costs would be if they lose the case. I do believe these infringers know they infringed and would want the whole thing to go away. In fact my personal opinion is "talks" have already taken place.
I think EDig is in decent condition with no danger of the doors being closed. I don't believe any further sales of stock is anticipated, but of course I could be wrong....
Anyway, those are a few of my personal thoughts, if I have anymore I will post.