I had this conversation with Putnam several months ago in the context of Apple. Apple is not considered a first tier infringer. They do not have removable flash memory but for all intents and purposes the do utilize our operating system. They have engineered around the specifics of our patent to avoid infringement. Remember Jim Collier, (Former President of EDIG) he was in frequent discussion with Apple several years ago. At the time I thought we were working directly with them. We may have been for a while, but as we all know nothing developed except perhaps that they did an excellent job of replicating our business plan and co-opting our player. There is a whole second tier of infringers that become targets once the easy targets have been resolved. I believe this is what he is referring to as second tier. The remainder of the hand held devices utilizing our operating system become targets, not just the ones that have removable flash.

FWIW IMHO

Larry