You asked:..

"In your opinion if we go after apple can we go after portalplayer or both?"

FIRST:...

You cnnot sue Portal Player, because you worked out a deal with themto use your tech as they did. Where is the infiringment?...

SECOND:...

The better and more relevant question is can EDIG sue Apple?

The ANSWER to that question, IMO, is the most important defense APPLE lawyers wll come up with, if EDIG sues APPLE

There is an Appellate case, (denied review by the Supreme Court), which stands for the proposition if you work out a deal with A, (say Portal Player), to put your Tech. in the course of commerce, and B., (say APPLE), buys products made by A, to make some widgets, you cannot sue "B" because you should have reasonably known at the time you made the deal with A that "Course of Commerce" would take your tech to B to use it as they did.?...

I am 98% convinced APPLE will use this as a defense...

I am also 100% convinced if they do, DM is chomping at the bits to take it up to the Supreme Court and make NEW LAW, as they did in te Makman Case, because;

1) The Appellate case was highly FACT SPECIFIC. A good trial lawyer, (like DM), seeing FACTS simmilar to EDIG case would give their left arm to have EDIG as a client to take the case to the Supreme Court proving the Appllate Decision to be BAD LAW, when used as a general rule of law pemitting outright taking of property without just COMPENSATION. I am sure this FACT played a great role in having DM accept EDIG case on a contingency basis, fronting the costs.

2) The argument by DM at the Supreme Court level will be, since the Appellate Decision was that Plaintiff in the case before should have expected "B", Apple), would be using its tech. in Portal Player Platforms to make te I-Pod, because a reasonable mind would expect such a flow in commerce, should we now extend that Fact specific case to a general Rule of Law that every one can reverse engineer everybody else's Patent or Trade Mark protected inventions and then use their property as they wish?...

Without belaboring te point, I think DM will win the day. Mainly because it would strain a "REASONABLE MAN'S" sense of credulity to say that such a rule wold ave any readming social values...

GLTA...

Gil...

Off to Court...