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Message: RE: Jury orders Toshiba to pay $380 million-(F-Ten got off easy)...DABOSS...

RE: Jury orders Toshiba to pay $380 million-(F-Ten got off easy)...DABOSS...

posted on Mar 24, 2005 09:23AM
You would have thought so from the original comments by Falk and company.

``...“Within the arbitration demand, we are seeking compensatory and punitive damages of up to $2.5 million plus attorneys fees for numerous breaches of the contract signed by Eclipse by Fujitsu Ten including cancellation of the initial non-cancelable order, breach of the implied covenant of good faith and fair dealing, and misappropriation of our intellectual property, confidential, proprietary and trade secret information.``

However, I don`t think EDIG had the resources to pursue this and since F-Ten had not gone to market with a microOS based product, there really weren`t any damages other than the non-performance or payment for the design work done by EDIG apparently.

However, if they were ever thinking of trying to use the proprietary designs/technology by trying to side step EDIG, they`d better think twice now with this latest Toshiba development.

I posted an article recently stating that F-Ten was coming out with a new product for autoinfotainment. Hopefully it`s an EDIG based product and that`s why the settlement in arbitration was so miniscule...considering there was a reference that EDIG and F-Ten may work on future products.

``The companies regret that the product did not proceed to market as they had anticipated and both companies remain open to potential business relationships and opportunities with each other.``

I alerted management of that development so I hope they are going to look at the new Eclipse product very carefully to see if there are any patent infringements.

Or even better, the companies settled for payment due and are partners on this new project...or worse, no EDIG involvement at all...

At least it`s something to watch for in the days ahead.

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