PER WENCOR  BRENT WOOD :

Nondisclosure Agreement between digEcor and e.Digital

In April of 2002, William J. Boyer and his company APS (now known as digEcor) signed a Nondisclosure Agreement with e.Digital. Among other things, the Nondisclosure Agreement contains a broad non-competition provision that restricts e.Digital from competing with digEcor for a period of seven years after the termination of the Nondisclosure Agreement. At a minimum, the non-competition restriction runs through April of 2009-and potentially longer.

EDIG  RESPONSE as told already by SILVERSURFER

Disputed. Again, Plaintiff omits the most pertinent language from the ND. [Of course they omit this pertinent language...how else are they going to trick the Court into agreeing with them unless they omit the facts?]  The agreement explicitly limits "competition" to mean "manufacturing or selling like or similar components: (any and all components that APS, Inc. and manufactured, designed etc." 2002 NDAA. This sentence limits the non-compete provision to mean that e.Digital cannot manufacture or sell components similar to components that are manufactured or designed by APS.  APS has never at any time manufactured or designed any digEplayer-related components.  Indeed, it has never had expertise to do so.