Message: OT, WILN vs AAPL
Sorry for the repost...but...new thoughts come to mind
No express or implied license, nor any other authorization, to practice
the ’774 patent or any other e.Digital patent is intended by said dismissal. For
clarity, e.Digital and any successors-in-interest to the ‘774 patent agree not to
assert a claim for infringement of the ’774 patent against SanDisk based on the
manufacture, use, sale, offer for sale, or importation of prior or current SanDisk
products.
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Where is future?
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e.Digital and any successors-in-interest to the ‘774 patent also agree not
to assert a claim for infringement of the ’774 patent against any third party based
on the manufacture, use, sale, offer for sale, or importation of prior or current
SanDisk media players, such as the Sansa Clip Zip, Fuze+ and Clip+ music and
video players.
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Where is future?
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However, nothing in this paragraph shall constitute an authorization
under the patent exhaustion doctrine or otherwise prejudice e.Digital’s rights to
pursue claims of patent infringement against any third party with respect to the
’774 patent as they may pertain to any other SanDisk product, including, without
limitation, removable flash memory technology.
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There's future...it's open....of which:
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c) SanDisk’s counterclaims as to the ’774 patent only are dismissed
without prejudice;
SNDK is ready if futuer 774 infringement happens...
In that, IMO, e.Digital decided to collect on 774 infringement for the devices sited in the case, whatever they were worth...If e.Digial is successful with the CE appeal....SNDK will not have to worry about past infringements on other prior or current products.
Third party shelves have a problem, as their dismissal is for media players only prior or current...I don't know what else SNDK put out prior or current other than media players?
Things are shaping up as device specific...will SNDK move beyond media players into the future?
Guess it depends on how the cloud based entities move us tastefully and tactfully to the future....When that happens, IMO, a big chunk of the flash market is put to rest....as far as consumer device storage goes....that puts SNDK in a pickle with their flash standards and flash chip manufacturing... and they know it.
e.Digital has already set a foundation in that arena...will SNDK cozy up to the future with e.Digital?
doni
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