And since digEcor decided to hire Triad Engineering and Wolf Electronics to manufacture a replacement player [the XT], they gave EDIG free and unrestricted access to market the digEplayer design [minus the RBE] pursuant to the 2002 Agreement.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /> 

From paragraph A of the 2002 Agreement: “The parties hereto contemplate a business relationship in which APS [digEcor] will plan various products and where e.Digital shall design and develop such products (“Products”).  Additionally, should APS require, e.Digital shall manufacture such products for APS.”  

Once they kicked EDIG to the curb, they made their own bed and short sheeted themselves.  Also, it’s important to note that just because the Court ruled the 2002 Agreement does not supersede the 2002 NDA does NOT mean digEcor was not bound by the 2002 Agreement.  Sharing or having knowledge of sharing of EDIG’s proprietary & confidential information to shorten the design time of the XT violates the Agreement.  As LL says, the Court will have to decide the scope of both documents to see who is liable for damages.