Obviously we aren't on the same wavelength...and maybe not even the same planet. Bottom line is this: If you don't think EDIG and VIVITAR have been trying to work out a settlement with regards to the IP infringement case, you are wrong. Vivitar Doc 47 clearly says that the Parties [EDIG and VIVITAR] are. Attorneys are not Parties. Attorneys are attorneys. Plaintiffs and Defendants are Parties. And since there haven't been any filings saying they have STOPPED trying to work out a settlement, they STILL are as far as we know. I remain confident the Vivitar case will either be dismissed due to a settlement agreement by both Parties or we will win a summary judgment against Vivitar.

Now onto your other post. I checked the FLASHPOINT v VIVITAR case and it appears Vivitar hasn't filed anything in response. FLASHPOINT has requested a default judgment and if approved, could bode well for EDIG if they request a summary judgment.

I also did a national search of all cases involving Vivitar. There were only two hits, ours and FLASHPOINT, and we filed first.