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Message: Re: From Document 78 Filed 04/27/2007 - 2nd Counterclaim
SECOND COUNTERCLAIM
(Breach of Contract)

26. e.Digital incorporates by reference the allegations in the preceding paragraphs of this Counterclaim.

27. digEcor and its agents’ use (as alleged above) of e.Digital’s confidential information in the XT project breaches the 2002 Agreement and the other written, oral and/or implied agreements or duty of confidentiality of digEcor.

28. e.Digital is entitled to recover the damages caused by or the profits derived from digEcor’s breach of confidentiality in an amount to be established at trial.

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