"I believe that either DM is going to file suit against a large number of companies prior to the meeting so we can celebrate or management will announce the reason for the delay in filing and we, again, will celebrate the reason."
One of those has to be true because at the very minimum, there's going to be a lot of shareholders asking that very question at the November meeting. This is a real mystery. DM has proven their talent...these guys are smart who have had many high-level meetings discussing the best way forward in our case. With the success they’ve had in settling 7 of 7 suits, and with sunpoop's report that DM was going to file against more infringers by 30 Mar 09, what is the delay 'fer cryin' out loud?
I have to think it's tied to Samsung holding out for so long. By filing first against Vivitar, then waiting 6 months to file against the next 7, IMO they were hoping Vivitar would go to Markman. They would only have one defendant to argue against the patents in court. When Vivitar went bankrupt, they had to adjust their strategy. They now have 7 defendants counting down to a Markman date but 6 settle rather quickly, a year away from the Markman. Another adjustment of strategy is in order. I firmly believe these 6 got "the deal" because it validates our patents, fills EDIG's coffers and pays DM for their efforts to date, and finally clears the path for new lawsuits. I also believe Samsung has been in settlement talks with EDIG for as long as the other 6 but that DM demanded a much higher settlement from them, and they balked. Once Samsung's BOD was briefed by their attorney's that DM had them by their balls, and they would likely lose at Markman, reality set in. The BOD didn't want to risk treble damages at trial so agreed to settle, hopefully for serious cashola. If I'm right and Samsung hasn't settled due to the amount DM is asking for, it begs a serious question. With all of Samsung’s billions of dollars in profit each quarter, what settlement amount would have made them balk? I’d bet the company janitor could unilaterally approve up to $30M! LOL
We also have to consider that the reason a settlement with Samsung has been reached is because DM is more willing to settle with Samsung. The obvious reason is that EDIG agreed to dismiss the 445 and 108 patents from the suit, resulting in a weaker case. The flaw with that theory is they agreed to this dismissal 6 months ago!
| |
|
|
|
04/01/2009
|
154
|
STIPULATION of Dismissal of all Claims of United States Patent No.s 5,787,445 and 5,839,108 by Samsung Electronics America, Inc., E.Digital Corporation. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 04/01/2009)
|
If losing those 2 patents weakened their case against Samsung so badly, why wait 6 months to reach a settlement agreement? Why wouldn’t they simply agree to another low settlement amount with Samsung and press forward with new defendants? By all appearances, DM was prepared to take Samsung to Markman, and likely win. And Samsung knew it.
Man, is 19 Oct here yet????
