What you posit makes sense...

However, the following paragraph is not entirely accurate...

"A buy out is certainly possible, but we do not know what DM has in their contract. Certainly DM would have considered this, and would have at the very least, a first right of refusal on any offer. They do after all get a 40% discount. I suspect that DM has a vise like grip on EDIG. Wouldn't you if you were in their place?"...

DM's Contingency contract is on Slivers BoxNet I beleive...

If you read it you will see the following relevant abswers to your questions regarding what it calls for...

1) DM is to provide legal service to EDIG, and ADVANCE all the costs relating to prosecution of EDIG rights under the patents against all infringers...

2) DM gets a 40% FEE after reduction of the costs frm any "TAKE"...

3) DM can be fired at any time and the only thing he gets is a FEE equal to 15% of the value of potential recoveries under the Contingency agreement.

3) DM agreement has secured his agreement with a lien against all the patent portfolio...

Thus, if there is a buy out and the parties agree to it, DM gets a 15% fee added to the overall value of the buy out and he cannot NIX any deals EDIG wishes to make.

Gil...