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Message: PACER (Nikon et al)

The quarterly financials should be out by 15 Nov 08 and then we should know how much the settlement was for.

That assumes they actually receive the funds by the end of this month... maybe, maybe not. We may have to wait a bit longer however I think that both the WHO and HOW MUCH will yet be deduced one way or another.

Regarding the amount being smaller than we’d hope, I have two thoughts on that subject:

1. Cross-licensing to me implies that we also licensed (at least a portion of ) the other company’s IP. This IP has a certain value which was no doubt used to reduce the amount of cash changing hands. I would say that EDIG saw value in such IP for either their present or more likely future business plans. So even if it meant fewer dollars now, the decision was made with an eye toward the future and I don’t see anything necessarily wrong with that. I think a cross-licensing agreement would make settlement an easier pill to swallow for a ‘major electronics’ firm.

2. I very much doubt that NO money changed hands. DM still wants their share and I can’t see them waiting years to collect from whatever comes of the cross-licensing. It’s possible the cash split was other than 60/40 to account for the IP’s agreed value. This wouldn’t necessarily be a bad thing either since both EDIG and DM need cash to seriously move forward. Whatever the amounts, obviously everyone was pleased with the result and we have no facts with which to second-guess them.

FWIW, I happen to think the amounts in this settlement were probably in the single-digit millions (not 10's of millions) with at least a couple million or so going to EDIG. Not a huge amount but most welcome I’m sure and very helpful going forward. I think if we recognize this as a beginning and keep our expectations in check, it will be best for us in the long run. One or two more wins like this will help us go the distance - and I very much want this to go the full distance.

- Sinkman

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