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Message: Re Markman hearing....

Frank....my recent distasteful commentary is no reflection of e.Digital, or, its management, other than, where they tread pandemonium sets in.

I'm being critical of the judicial system and how time lines are now being drawn out well over double.

Filing a suite in Oct 2006 the time line to Markman is 14 months.

Filing a suite in Sept 2007(one year later) the time line to Markman is 36 months.

Even though there's a paper flow during this time frame....nothing starts to happen until the 36 month time frame has elapsed, no matter what the assorted entries may or may not indicate. The request by Vivitar to enjoin to the second suite is an indication the time line is too long....so they're going for it with a request, I would.

My point is, a defendant does not have to do anything with respect to settling... prior to firm dates. A defendant would be stupid to do other wise. There is no penalty for waiting to the last possible minute if settlement is in mind.

Some here have reminded me that numerous settlements happened for PTSC prior Markman hearings. I have not followed the individual cases, I have no idea of the firm dates in front of each case that may or may not have influenced a settlement.

Perhaps someone could time line a case that settled prior to firm dates.

Sorry all, but, IMO, I do not see anticipated settlements happening until we get close to, or, reach the Markman date.

We're at the mercy of the judicial system, where, IMO, it favors the defendant with extended time.

doni













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