For what it's worth
posted on
Nov 15, 2008 08:19AM
I have been a shareholder in Norris/EDig since 1991. I have gone to CES conventions and had dinner with RP. Over the years we have built up a personal relationship. He and I talk on a personal level. I relate all this to you to let you know that while this exists he does not tell me any "inside" information for one reason, he knows I will tell you.
My relationship with EDig is a long one. I have been comfortable in biding my time, anticipating the future. Recently that future has jumped up an hit me/us in the face. We are now on the one yard line, first and goal and JUST CAN'T GET THE DAMN BALL OVER.
That was my frustration yesterday. I had expected much bigger things from a settlement with a large company like LG.
I was wrong.
When I called RP I was a "little" upset. I think he was surprised at my anger/confusion. I calmed down and had a decent conversation with him after that point.
By the way anyone who wishes to can call him, do so, and he will call you back. He is very good at that. There is no reason to rely on someone like me to put forth information gleaned, perhaps through rose colored glasses. Do your own Due Diligence. His phone number is 858-676-0519
He seemed surprised at my vocal tirade, interrupted me and told me to remember the SHM and what was said. What transpired with LG was PLANNED and part of the overall strategy put forth by DM.
The infamous 8, 9 or 10, were all given the same message, be first get the discount and be on your way.
According to RP, LG weighed the cost of not settling, going to trial and decided to pay up, only AFTER LG DETERMINED DM/EDIG HAD A CASE. As stated this was the most important part of the entire transaction, an acknowledgement of infringement.
He also stated this was perfectly acceptable to DM since the primary purpose for the initial settlement was to prove to all other (alleged) infringers that DM/EDIG DID HAVE A CASE.
He also stated, and this makes very good sense to me, that a company like LG would fight you tooth and nail until A MARKMAN HEARING WAS HELD AND WAS DETREMENTAL TO THEM.
The most important information denoting DM/EDIG'S strategy was THE MARKMAN HEARING, which by the way RP was completely confident in prevailing, if it gets that far.
If RP stated to me once he stated 5 times that none of these infringers are going to "pay the big bucks" until a Markman Hearing or realize they will not prevail in one.
As he put it, the closer to the Markman Hearing the "PRICE OF THE SETTLEMENT GOES UP"
I asked him if the LG settlement set the stage for the rest. He was quite adamant in saying NO. The stage has been set, as time goes by the price rises.
I asked him if the other "infringers" were aware of the LG facts. He replied in the afirmative. I asked if negotiations were ongoing with the 7 that were sued along with LG. "YES" was his answer. I asked if any settlements were imminent. He would not reply.
The only flies in the ointment regarding the above were Vivitar and AVid. I got the impression from him that not much is expected from those two.
He did say he "EXPECTS", (THAT'S FOR YOU LL AND WOLFY) and was quite forceful in doing so, that the end of the fiscal year, March 2009 will have settlements under our belts.
These settlements will be more, considerably more, than LG's. (according to RP) He still stated to me what he stated a the SHM, that there were "MILLIONS" on the table for DM/EDig to accrue.
Being as upset as I was I failed to ask some pertinent questions and have NOt read the filings from yesterday, such as was the settlement or will the next settlements be for the entire range of EDig's patents or only for 774. I will keep that in mind for the next time. Just exactly what details are available to explain to us what the "cross licensing" means. He did touch on it by saying it gives EDig a much wider scope to utilize LG's patents, if needed. The impression given was there were no immediate plans to use any LG patents.
RP stated at least 3 times that "DM WAS MADE WHOLE". Unfortunately I did not ask for particulars on that statement but RP also stated due to DM being made whole the process was now going forward in an excelerated fashion.
Two things have now occured. (1) An admission of infringement from a huge company that other infringers cannot ignore and are fully aware of. (2) My opinion of what RP meant when he said "Dm was made whole" that DM has recouped (perhaps even made a few bucks) it's expenses so far and will go forward with a level bankaccount.
RP also stated that that the next round of filings, (AND YES LL THERE WILL BE OTHER FILINGS) will be before the end of the fiscal year and will be multiple, at least 20.
From not having read yesteday's filings I was under the impression the $1,600,000 was EDig's share. I am still a bit confused about EDig claiming that figure as income if part of it was DM's. Perhaps Richardo can elucidate.....
The extension of time in the Digecor case was due to a new judge being assigned the case and needing to become familiar with the goings on. I don't know why EDig requested an extension. I don't believe it was because of the new judge, however in my mind I think it goes deeper than that as I ask him if BOW was a target for IP infringement. There was a long pause, and I mean long, and then he said "no comment".
I asked about eVu sales. Nothing to speak of since the airlines got into trouble with gas prices but he did say in the last few weeks interest had picked up from potential new customers and re-orders have come in from existing customers.
As we all know the "next generation" eVu is on the drawing board. I asked about it and the answer I received was "it will have a lot more capability and bells and whistles" then the present version. That's all I got.
Towards the end of the conversation he was very upbeat. He said at least twice to me, (paraphrase) "we are in the phase of our company where success is at hand" He was very positive and very sure what we all want will be achieved and was close to fruition. His exact words to me at the end of the conversation,
"Frank the future for EDigital is VERY BRIGHT"
What has transpired is by design. By plan....What happen with the LG settlement was expected and their is a plan to go forward from here that will be more lucrative.
LL and Wolfy, I have not taken any EDIG COOL-AIDE. I have tried not to interject any opinions. Just what he said to me and the tone of voice he used.
I was angry yesterday, today, if what RP said is true, I understand what is being done. It is well thought out and planned and there is now money in the bank for both DM and EDig to pursue these plans.
Remember RP's key words, none of the infringers are going to contemplate settling for the "big bucks" UNTIL MARKMAN.