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Message: Re: USPTO issued a Reexamination Certificate for Certificate for the ’774 - ss/T

It is possible that she knowingly ruled against DM because of the past reversal and the DM's attorney's comments in open court but I think not likely. More likely is that she ruled on what was EXACTLY in front of her without trying to read between the lines and decide that a person of modest electrical engineering background would know that RAM had to be present. I believe that this was evidenced by the fact that numerous defendants settled with us after her ruling because they thought there was a reasonable chance that this would be cleared up in a re exam as it was. They saw the opportunity to get off cheap and took it. The successful re exam/clarification was obviously huge. It sure seems to me that the collateral estoppel will be denied and it also seems that all of the defendants know that they can go through a new Markman hearing, but this new evidence gives them much less chance of prevailing--of course, anything can happen when you are in a court. Once the collateral estoppel gets bounced out, unless the deep pocket guys just want to drag this thing out and out last us spending on lawyers, I would think this would open things up for better settlements. This would in turn give the real deep pocket guys a reason to buy out EDIG and persue the other offenders to recoup some or all of what they buy EDIG for. Let's hope.

Two years ago immediately before the Markman results(which were expected to be positive) the stock was trading at about 10 cents. Now with a successful re exam in the rear view mirror, Handal and Blue Sands juggling numerous suits and with six Nunchi patents in hand with more on the way and IPMetrics in the process of marketing same we are trading at about 10 cents. The word will get out when the money starts rolling in.

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Jul 08, 2013 01:48PM
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Jul 08, 2013 02:59PM
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