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Message: Re: Strong argument by e.DIGITAL for rejecting Collateral Estoppel re patent "108

Please modify or correct me if wrong.

774 was the only patent litigated in CO, 108 was not and we "got out of Dodge" instead of having Judge Krieger rule on 737. If the new judge rules no collateral estoppel on 774 in light of the re exam and the clarifying changes to the wording of the patent and says no new decisions prior to a new Markman hearing in March, then we are back to where we were before the June 2011 Markman hearing. However, the patents have been strengthened by the re exam and there would seemingly be a much greater likelihood that defendants would settle between now and March. If(there goes that word again) the defendants feel that the Markman hearing goes our way, then many could rush to settle before the "official" results are known which could take several months after March 2014. We are in a tug of war to be able to negotiate from a greater position of strength.

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