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Message: Re: Patent 747 amended - Question for the board

Though no lawyer, I'll take a stab at it and say that we're now in a whole new ball game.

When Judge Krieger's ruling was originally made public, I and some others wanted to see an appeal, but EDIG management and attorneys (and Gil) had a better idea. They would overcome the ruling by using the reexam to revise the patent in ways that render her ruling obsolete and irrelevant.

When we sue infringers now, we will be suing them using this revised patent. Fred and the attorneys appear happy with the changes. Quite likely we have strengthened the patent during the re-exam. It is also possible, however, that we have narrowed its applicability somewhat, and now DM will have to consider this in deciding how to proceed with a new round of suits. Maybe in East Texas?

Hopefully we'll start to get some larger settlements, but sooner or later someone will want to take it to court, and when they do, we'll have another Markman, which is much more likely to go our way.

Again, this is JMVHO.

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