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Message: Question? Anyone think that DM

Re: New Question? Anyone think that DM...Jeffother...

posted on Jan 09, 2009 06:22AM

Again, a very good question when you ask...

"If we settle with a chip maker, or any up stream entity that provided/provides our technology, and the settlement includes a release of all claims and a license to use our technology, have we compromised our case against the appliance makers who employed our technology which was purchased from the chip maker we settled with?"...

Under current case law the ANSWER to your querry is it depends on how the appliance maker used EDIG technology...

For example, if EDIG had an agreement with Portal Player to use its technology in chips that made up platforms used in the making of the original I-Pods, Apple would be a "Protected end user".

On the other hand, if Apple revese engineered EDIG tech from Portal Player platforms to created its own patented technology used in its I-Phone and newer generations of I-Pods then DM has their work cut up for them, and all is not lost...

Gil...

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