Bill...

Thanks for your attempted "EXPALNATION" of your previous statement...

Here is my post inquiring what you meant by your post saying "It is win or go home".

You said:

"If DM is going to wait on this one to file any other actions it will be a lean 2009. They also have all their eggs in this basket it would appear. Win or go home."...

And I asked you:

"Please EXPLAIN what you mean to infer by the above statement?..."

You had a consultation with your friend?! and after getting your "nuggets" from him you say the following:

"In response to Gil’s message (I think) I stated earlier that EDIG had put all its eggs in one basket in the Samsung trial.I should have said they are putting all their eggs in one basket re IP in general.An online friend was good enough to correct me re Samsung and remind me that EDIG dropped two patents from the Samsung case; regardless of whether or not they go to Markman and litigate no more cases re the remaining patents in the Samsung case they can still file and pursue actions against any potential infringers who allegedly violated either or both of those two patents only.So, indeed, there are actions which could be filed even if we are going down the path with Samsung and awaiting the outcome before filing other identical actions based on the remaining patents."

Both you and your internet friend are WORNG in your opinion that EDIG is limited in "filings" against othere infringers to the two patents that are subject of the Makman Hearing...

FIRST:

The ORDER issued by the Court, relating to approving the STIPLUATIONS between SAMSUNG and EDIG, clearly reads the dismissal was restricted to "THIS LAW SUIT", meaning Samsung v. EDIG case. It does not bar EDIG in raising the those two patents in any other law suits they file in the future...

SECOND:

The friendly face put on by SAMSUNG, post the stipulated ORDER, as demonstrated by the PACER posted by SILVER relating to issues to be decided by the judge at the Markman Hearing, clearly supports the notion that Samsung and EDIG have come to some "understanding" of how this case shall come to an end. There is no logical explanation for Samsung to have withdrawn its claws, and/or therewise sit by meekly, and let the judge make a RULING on the two current patents before the judge, without throwing in the kitchen sink, unless they have reached a "Global Settlement agreement" with EDIG, pending the results of the Markman Hearing. And all Scenarios iscussed here are in the PLAY, Buy EDIG outright; an exclusive cross licensing agreement and payement of sums far in excess of your average settlements thus far, because of the extent of SAMSUNG widgets in the Market Place which can be identified as infringing on EDIG patents market place which fall in the catagory of infinging productS...

LASTLY: There is no basis for your opinion that "They also have all their eggs in this basket it would appear. Win or go home."...

If the RULING in Markman Hearing of February 2010 is for EDIG, all DM has to do file againgst Level II, high Hanging Fruits!?, and extend his hand and say "GIVE ME "X" million dollars." (see, Justice Bryson's Decision in the 9th Circuit Court of Appeal Decision, which I recall was Sandisk v. S. &M, Or L. & M Eelctronics.)...You remember the case. We throughly air it out when it hit the News Wire...

If the Markman is lost, EDIG does not go home. It has its DEAL with SAMSUNG to fall back on, or it can continue with filing against all the other infringers...

Please run this by your internet friend and get us his input...

Gil...