IMO, and in understanding/interpreting comments by all.

• this is a patent infringement case, not about past/present EDIG mgmt
• the claimed infringers legal teams are doing damage control, ala TX 7/CO 19 of which 13 paid up and to date yet not big money
• how the patent(s) function and whether or not the remaining claimed infringers stoled our tech to use it in their widgets is in question
• this is a pre-trial issue, to decide on the "wording" of claim construction, not whether Fred is adding share holder value or not, but whether or not DM adds to share holder value
• lawyers "argue their case", that's what they do, they thrive on a good fight and coming out the winner. DM walking and have defeat on their record without a good fight? That is laughable...no offense to anyone. They have an opportunity to, for the lack of a better way for this engr to say it, "effect how the law is written for future Markman's re: claim construction and judges handling of the case." In effect, she has skirted making a definitve concrete ruling and thrown most of the hot potato back at both sides to ponder for 30 days then get back to her so she can figure out how to do her job!
• if the judge does not handle this correctly, it's smells of "black mark # 2"
• yes, DM guides Fred concerning his press release comments. His SEC attorney does same and he has told me this to my face more than once...his "silence" is scripted by the lawyers...we have no choice in the matter.
• Yesterday share dumping/trading was expected on the news at a rate on the day of 33,384 shares/minute, or about 4.45% of total outstanding. Today we are pacing 11,897 thus far in 93 minutes. 4.45% of 293+ mln is hardly a blood bath as I see it.

So, we are wounded and we go from here.

DM is up for this challenge and they have been there before. It's testing our patience...an understatement, challenging our resolve, most of us will stay the course and a few will/have bailed.

Good luck what ever you decide.

Dischino