Hello all, and a belated HNY,

It's also been awhile since I have posted, and I have been comtemplating all day whether to post now. Having said that, I watch the forum very closely everyday, and have felt you all do a pretty fine job with what you have to work with. I have felt no need to add any thoughts. That is until now. As it happens I am in agreement with everything downnout recently posted. He raised some interesting points that led me to this post.

As I have also mentioned in the long past, by-the-way I became a member 12/7/10 (Pearl Harbor Day) that I have 6 patents where I am listed as a co-author. I also have many trademarks. As downnout sayes getting a TM is no big deal. You don't really need to have a product/technology/platform behind it. What I want to comment on was prompted by a followup post by Dish.

From the time a patent is applied for, the applicant has at least a 18 - 24 mos period while the application is being reviewed by the USPTO. Most consider this "Patent Pending" period a very valuable time. You can bring your product/technology/platform to market and everyone can see what it does, but without knowing how it does it becuase during the "Patent Pending" period there is absolutely no access to application by the public or any 3rd party. Only the USPTO knows and they can't divulge in any way what is contained in the application. Therefore, potential infringers can't "Picket Fence" around what has been patented, simply because they don't know. They can guess, but there is no way of knowing the claims and the language therein, nor what the illustrations depict. After the application is granted all interested parties can get a copy of the patent and decide to infringe, and/or Picket Fence, or some combination of both. In the case of '774 I think they simply decided to blantently infringe because then Norris Communications/eDigital were so weak. Then 14 years later enter DM, and the ballgame changed. I am not ready to speculate on the reexam. You all are doing just fine, and it will be what it will be. I expect the worst and hope for the best.

With regard to Nunchi I agree with downnout at least on the surface, but with these further considerations:

1. If they have 7 patent applications why aren't they taking advantage of the Patent Pending period.

2. If they have 7 appilcations and licensed the Platform to someone(s) who is demanding complete secrecy until ready, whatever that means. Meanwhile, if this is so the advantages of the PPp are being wasted.

Generally, one tries to submit the application at or near the time the P/T/P is ready for market. All I can think of is eDig knew all along that they couldn't bring the P/T/P to market, so the plan was to license it out-of-gate, did so, and hit a stone wall, which leads to a whole new area of speculation. But IMO, something is not right.

3. Regarding Pat Nunally, etal and eDig not being able to afford him, who knows what sort of deal they have worked out. I understand he is a long time associate of Woody's. Again who knows. EDig knows, and they aren't telling.

It all comes down to if they really have 7 full-blown Patent Applications.

Great post downnout.

That's it for now,

Spec...