What follows is the logic for concluding that APPLE shall be in the TIER II Grpouping of defendants...

1) We know APPLE utilized PORTAL PLAYER CHIPs and then SANDISK chips both of whom were "Partners" with EDIG using its TECH in chips which were sold as platforms to OEMS such as Apple to manufacture gadgets such as IPOD etc...

2) This was in essence confirmed in an article which disected I-Pod's inners to find out how it worked, which was published in PC magazine and circulated widely...

3) We also know of Collier staying close to Apple probably giving them "Pointers" on how EDIG TECH worked...

4) Juxtaposing RP'S e-mail to DABOSS which reads in part;

"...whereas tier two cases are expected to be filed against companies we believe infringe on specific claims within the Flash-R™ patent portfolio pertaining to fundamental techniques in utilizing flash memory (embedded or removable). ", with that sent to KIRK that reads;

" There is no way to hint at these elements without disclosing them. When they are finalized, we will announce them and expect they will be catalysts to significant new investment interest. Thank you for your understanding and continued support", there is only one conclusion that makes sense...

APPLE HERE COMES EDIG, LOOSEN UP THE $ 12 Billion you have stashed away. That my friends would decidely be a "...catalyst to significant new investment interest" RP is talking about...

The catch words are "...fundemental techniques in utilizing flash memory ( embedded or removeable)."...

IMO It makes no difference that Apple reverse engineered Portal Player or SANDISK chips and talked with collier to apply for their own patents citing EDIG as Prior Art. It is the fundemental techniques of utilizing flash that are protected by the patents and infringed upon, and not how Apple got to them or whther they are embedded or removable...

As the saying goes,...BOYA!?...Lol...Lol...

Gil...