I liked your post...Gave it my 1 thums up...
However, this last paragraph needs an explanation...
You said:...
"I just hope that Edigital agreed to give DM less of a percentage in its contingency agreement if a license is reached without litigation (i.e., DM did substantially less work). Fingers crossed"...
The terms of what DM gets, and what EDIG pays are not open to haggle. They are outlined in the CONTINGENCY FEE AGREEMENT signed by the parties which posted on SIRSURFER'S BOX.NET SITE...
The Contincy Fee agreement calls for FEE to DM as follows:...
1) 40% of the "TAKE" after reduction of Costs advanced, if the case is settled before filing of law suit...
2) 50% OF THE "Take" after reduction of costs advanced, if the case is settled after the filing of the law suit, al the was through TRIL...
3) 15% of the esttimated value of the patenet if EDIG fires DM or end their relationship for any reason.
And EDIG has given DM an assigment of ownership to all intellectual properties that are covered by EDIG patents...
For your information it took a year of negotiation for DM to agree to the terms of the FEE AGREEMENT. And, although such agrrement are not the run of mill type of attoney fee agreements in the IP litigation fieled, but DM is blazing a trail in this area and have made them more palatable to attorney firms that can affors to take such risks and have the means of making the needed assessment before they enter in these agreements. And most of such agreements are written on similar terms which are based on a risk-reward assements...
Keep up your logical posts, and GLTO US ALL...
Gil...
