That's a good question plankton, but those comments at the Nov 19, 2009 SHM...mind you, 22 months ago, seems to me never came together. Every PR, every Pacer, even the lack there of being one or the other missing, were CO 19 defendants. You'd think if that "hype" (yes I will call it that) at the SHM was true, it would not take as long as it did for #14 to happen. I am not saying the comment was a lie, maybe some have made contact then never followed through...yet?

Fred made it pretty clear, when I visited Aug 24, "this defendant did not want to be named in a PR." So regarding your question, is a company a defendant before being filed against? I say no, that's a potential defendant.

I would think, or at least I would hope, the company would put out a PR "an unnamed potential defendant has approached e.Digital and acquired a license and paid a one time fee, due to the strength of our Flash-R Patent Portfolio, and under the terms of the agreement, wishes not to be named. We anticipate and look forward to future licensing of this nature...SOON...LOL!!" Heck, I could write this stuff!!!

You are right though, we can't rule it out, and it could very well happen many times as our list grows and word gets around, but IMO based on the chosen words I heard...very doubtful.