The MOTION filed by DM is clear about what they aim to do by asking the Court for permission to Amend the complaint filed in November of 2009 to include the 737 corrected patent as additional casue of action against the 19 infringers named...
FROM THE MOTION BY DM:...
" On November 2, 2009, e.Digital filed its original Complaint for patent infringement of U.S. Patent No. 5,491,774, entitled “Handheld Record and Playback Device with Flash Memory” (the ‘774 Patent). On or around January 19, 2010, counsel for Plaintiff e.Digital received a Certificate of Correction from the USPTO for its related patent entitled “Method for Recording Voice Messages on Flash Memory in a Hand Held Recorder” (the ‘737 Patent). e.Digital now seeks leave to amend its Complaint to add a patent infringement claim related to the ‘737 Patent and, therefore, bring claims for both patents against the Defendants in one action. e.Digital seeksto assert this new patent infringement claims less than one month after receiving the correctionfrom the USPTO."...
The only single word that stands out in the Certificate of Correction issued on 1/19/2010 is the word "Messeages"..., and I susspect it had something to do with the fact that billions of cell phones are out there using FLASH to accomodate the sending of trillions of TEXT MESSAGES through use of their cell phones.
If indeed, 737 read "Method for Recording Voice on FLASH Memory in a Handheld Recorder" before the Certificate of Correction was issued, the addition of of the word of "Messages" makes more descriptive of "Where the Action" is at present...
Now to the unteresting part, (and here I need your help)...
My laptop where I had stored all relevant information is in a "Crashed Mode" at present, so I can not look all the information on the following...
I do recall saying inthe past that DM had chosen Samsung as his poster child of the First Round to get his Markman Ruling on that case.
When push came to shove in that case the Samsung attornys filed Motions for Summary Judgment with the end result that EDIG dropped one of the PATENT CLAIMS from the complaint, and soon thereafter the Samsung "Settlement" was announced thus scrubbing the chance of getting the much anticipated "Markman Ruling" from the Texas Court...
It would be interesting to see if the the "Dropped" Patent in the Samsung case was the "Old" language 737, minus the word "Messages" which was added by USPO 1/19/010?
Soon after that even DM packed up and left TEXAS for fresh pastures in Colorado...
Gil...
