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Message: 774

from 6/22:

co took out word, "future" from enforcement, bold from plank

“Fiscal year 2012 was a challenging year for e.Digital,” commented Fred Falk, president and CEO of e.Digital. Although the Company reported a profitable year, significant effort was focused responding to events related to Flash-R patent portfolio monetization activities. An unfavorable Markman ruling in the second round of Flash-R litigation in the district of Colorado, limited the Company’s overall licensing revenue potential for that round. In addition, during the year two key Flash-R patents, US 5,491,774 (the ‘774 patent) & US 5,742,737 (the ‘737 patent), were accepted for reexamination by the United States Patent and Trademark Office (USPTO). The Company responded to the first ‘774 office action which was a rejection of certain claims by the patent office. In an effort to overcome the rejection, the Company filed a request to amend certain claim elements in the ‘774 patent, that was approved by the USPTO, thereby successfully ending the ‘774 reexamination. The Company expects, but cannot assure, that the amendments will help clarify and strengthen its ability to enforce infringement of the ‘774. With regard to the ‘737 patent, the Company filed a response to a USPTO office action and subsequently received a final rejection. As previously reported, the Company intends to file a supplemental declaration to try to overcome the rejection.

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