Re: Thoughts/LL - SP
in response to
by
posted on
Apr 20, 2007 03:47AM
"A careful reading of the contract seems to indicate the opposite - that DM would be more likely not to be able to represent the other client against EDIG."
e.Digital has no idea of how a prior contractual obligation for a former DM client is structured.....so it's all up in the air in that respect.
"EDIG has contractually waived all conflicts other than those substantially related to DM's services for EDIG or instances in which DM has confidential non-public information that if known to the other DM client could create a material disadvantage for EDIG."
IMO...and as I stated in a prior post....."I don't think there will be a direct link for the types of IP involved on a possible DM former/ongoing client relationship."
As for " a material disadvantage for EDIG".....IMO...the patents in the public domain are 90% of any case that may be brought forward...leaving the balance of information at a possible disadvantage.
IMO....e.Digital management, with in house council, have considered all the possibilities. They must feel that the patents will stand on their own merits....even in the face of a 10% disadvantage.....or even this statement...." By agreeing to this waiver of any claim of conflicts as to matters unrelated to the subject matter of our services to you, you also agree that we are not obliged to notify you when we undertake such a matter that may be adverse to you."
They're weighing there percentages.
doni