digEs as expected, eVUs as suspected, but IP surprise
posted on
Aug 14, 2006 05:46PM
As I recall (though someone will certainly dig it up), Maycom`s production of digEs was expected to commence this month, so delivery in October is in line (remember, 45 days). On site inspection by EDIG is new (and would seem to me to fulfill the ``production oversight`` requirement). Interesting language re: ``digEcor acceptance``, though it would seem strange for them to turn them down after all the legal stink they`ve made. THEY (digEcor) made the final payment and knew or should have known the situation at that time (based on their on-site inspection). I think they`d be looking pretty bad in court (on the one aspect having merit) if they refused an order for which THEY made final payment and later sued. Would seem rather frivolous for them to now essentially say ``we didn`t want them anyway``.
As for the eVU status, it appears that things are as I have suspected (in multiple posts). Prospective customers are stepping back from the table until legal matters are cleaned up a bit. I now suspect that, once the digEcor order for digEs is complete, the path may be adequately clear for prospective customers to step up. It does seem unfortunate that the digE order won`t be resolved until AFTER the WAEA event. However, based on their language, it sure sounds like there are indeed multiple (3+) eVU customers waiting in the wings (``customers/passengers/patients``), and they appear to be for IFE (and possibly other transportation systems), hospitals, and some other venue. I also like the reiteration of the ``magical 4,000`` number.
The big surprise for me was re: IP monetization. Three sets of key words: ``several well-respected intellectual property law firms``, ``contingency basis``, ``this calendar year``. Possibly more than one highly respected IP law firm fighting for us - Wow. On a contingency basis - bigger WOw; no law firm would consider working on a contingency basis unless they saw real ripe low-hanging fruit to be plucked based on a VALID claim (and look at the target products!). Biggest WOW - possible licenses THIS calendar year. That`s moving pretty fast considering the dance involved. The latter appears rather optimistic since that`s only a few months from ``craddle to grave`` on such an endeavor, but it also strongly suggests that infringers are believed to be without ``wriggle-room`` and will have difficulty squirming away from the claims and will therefore be compelled to settle.
So, for me, a lot ``as expected`` and the big IP surprises. It was one thing for them to previously state that law firms/consultants are looking, quite another to read what they said today. After all, it could easily have been a situation where a single law firm was interested, only regarding PDAs, action delayed because the firm needed EDIG to fund the effort, and that things might happen within a few years. But the picture is much, much better than that, and in a matter of months we here may be in much better shape than PTSC, i.e., viable patents being licensed PLUS a tangible product being sold and licensing fees to fund product promotion. Yowza!
So I now KNOW sumpin`. No absolutes, but sumpin` is better than nuttin`!
SGE