"My concern, in addition to the cash we are burning and will continue to burn at an accelerated pace on attorney fees, is the non compete and potential damage"

I wounder how the APS non compete clause of an NDA agreement having an open condition of, as long as we are doing business together, while yet, allowing for escape of either party at any time, will be viewed from a juries prospective with regard to the e.Digital supersede clause of the second Oct agreement, that actually had a 3 year contract end date?

That is BOW's gamble, even though a judge has already ruled in his favor with regard to supersede.

doni