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Message: Reexam Response Nicely Done

Good analysis.

A point though, discussed here on and off since Nunally came on board in 2006, he indentified a list of infringing companies and products. DM then started their DD in 2007 along with Nunally's continued involvement, resulting in a list of 174 CE companies, which they mentioned as the total at the time of the Sept 17, 2008 SHM, and DM had already filed against the TX 7 in Mar-2008.

It was stated at the 2008 and 2009 SHM, some would be dropped from the list and some added. With new products coming to the market since this all began, who knows what the list remaining looks like or how it may change over time.

I mention this because it is my belief based on company statements, the majority of DD on our side has been done. I'd guess it will need to be tweaked as we procede, but it's not as though we need to start from scratch.

One thing that can effect who we go after next and how far we can go back in time when infringement began and by who, is if any concessions to the patent language was made to get 774 and 737 revalidated. Based on what we have read, it seems EDIG has presented a strong case with minor or no claim language changes at all.

All IMO of course...

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