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Message: Re: Markman
9
Apr 15, 2009 07:31PM

"With two of EDIG’s patents dismissed from the Samsung lawsuit, this would seem to be a lousy case to go to a Markman Hearing."

With 445 and 108 being put on the back burner with regard to Samsung......and their agreeing to the following.....

"1. All claims by e.Digital Corporation of infringement relating to U.S. Patent Nos. 5,787,445 (“the ‘445 patent”) and 5,839,108 (“the ‘108 patent”) that have been or could have been brought in this lawsuit against Samsung Electronics America, Inc., or related Samsung entities that could have been named in this lawsuit, are hereby dismissed with prejudice."

That one statement seems to block all issues relating to 445 and 108 with regard to Samsung for both foreign and domestic issues.

I'm having a problem with that.

With what is noted in the above, if they come to some agreement prior the Markman, where they get full title to "all patents both foreign and domestic" as Casio and Olympus got.....I'll be pretty much done at that point.

For the remaining claims they're trying to justify.....for me, they have to take it all the way.

The only thing that will keep me involved prior to a Samsung early resolution, would be:

1. e.Digital can relay in some manner there is a reason for an early resolution that makes sense.....other than money......unless it's big, big, big money that can be noted prior to reading financials.

2. The next round of infringers some how take into account the number of claims that can be brought into a case where two clear lines of action are noted.

An early settlement at this point doesn't do it for me.

doni












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