That's true and we' have another chance and sure they've got boookooos of past litigation in this arena, but there's still this - is all subjective:

“We are pleased with the USPTO’s decision to approve the modifications we made to certain claims of the ‘774,” said Fred Falk, president and CEO of e.Digital Corporation. “We believe the modifications will help clarify and strengthen our ability to enforce future infringement of the ‘774 patent.”

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