By no means am I pleased with the recent ruling, but it is also by no means a "litigation disaster". No lawyer here, but I do not believe that the loss of the ruling will have a huge effect on what we do going forward with the flash patent suits. First of all, it only applies to 774--that is why we "got out of Dodge" when the 774 results did not go our way and did not give Judge Krieger a shot at any of the other patents. As Fred said, the finding of infringement on any other(one or several) patents is deemed infringement. Handal specifically stated that Judge Krieger did not have the benefit of the re exam information when she made the ruling in Colorado. We fought the collateral estoppel request in an effort to make the CO ruling on 774 inadmissable in future Markman hearings, well it is now admissable. However, the next entity that rules on claims construction will have both the CO decision and the re exam information to consider. This does not necessarily mean that we will lose, just that both are open for consideration. I just do not see how we are in a very different position than we were at the start of the week, except that 1 million out of 293 million shares were sold in a panic which provided a buying opportunity for some to be buyers of 1 million shares and the stock is down 30%.

Do I like the lack of information and more importantly guidance that the company has provided in the past, no. However, the company has no debt, a couple years of operating income in cash, the probability of more settlement monies coming in from the Flash suits(however small they may be) and the prospect of Nunchi. I view the flash monies as cash flow to get us to the larger cash flow creator which I hope Nunchi will be.