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Message: The was essentially a dull bust with no new facts or news....

The was essentially a dull bust with no new facts or news....

posted on Sep 17, 2008 05:08PM

WB was there and didn't say hardly anything and was asked one question about all the new business areas EDig is pursuing and did say EDig will NOT be going into any new areas until one of two things happen, EDig is able to partner with an entity already involved in those areas, or the "pump is primed. (presumably by IP settelements) EDig has no money to do so and as RP put it "we have spent 4 years inventing a new market we don't want to spend any more time inventing another one", "we have too many things going for us in the IFE market to allow our concentration to drift off in another direction". When I asked him if we had income coming in he replied "yes" He said there were more sales of eVU's but did not say wether these were additional sales to existing customers or new customers. He did say there was income coming in from the maintenance and repair of the outstanding units but said it was not enough and he was "working on" increasing that income.

Pat Nunnally gave a "techno" speech and put me to sleep. Not because what he said didn't have relative merit but simply because he speaks low and slow and takes much time to choose his words. He was like listening to grass grow.. There were two things I felt that were elucidating" however. 1. EDig patents were filed 4 years BEFORE anyone started having interest in the "Flash Market" so there is no "prior art' to worry about and ABSOLUTELY no competition for EDig's filed patents. Proving infringers infringe is very simple, according to PN. (by the way EDig's patents and what infringers are being sued for is ONLY for removable flash memory that records and playsback audio, at least at this time. There are other infringements associated with this but DM is only going after that facet of the patent infringement)

The reason it is very simple to prove and the main reason DM is excited about their cases is the removing of the flash memory card/chip (whatever) and asking the infringer to play back the audio from his device. If he cannot because the audio is contained on the flash memory then he has infringed. EDig's patent 774 covers ALL voice recordings on flash memory...That's pretty big...

The second thing that was of interest to me in PN talks was a chart he brought out with (presumably) the names of all 174 infringers on it. All the names were blacked out EXCEPT those presently being sued by DM. There were 10 names on that chart that were NOT blacked. I think I was the only one in the room that counted the names and was just about to write them down when RP mentioned to PN to not show the chart again as there were names on it that shouldn't be shown. I tried to remember all the names shown but my memory sucks. I will say however that all the names he showed us were very large companies with the exception of Vivitar. We have been told there are 8 companies currently being sued byEDig/DM. There were 10 names on that chart. I asked RP twice to but that chart back up but I don't hold that much sway.

I talked to PN afterwords about Vivitar and he was not convinced Vivitar is going to be a meaning player. It might be good as a "pathfinder" but nothing else. He doesn't feel strongly there will even be a settlement with that company because No one is in charge, no one knows what they are doing, and no one is standing up to take responsiblity for running the company much less settling a lawsuit. His words were "it's a mess over there"

RP throughout the meeting was (THIS IS FOR YOU LL) extremely "positive" about coming events regarding the IP lawsuits. He said he and PN had sat in on NUMEROUS meetings and "was positive settlements will be occuring long before Markman hearings take place. When an investor asked about the increase in shares of 50,000,000 he said they were to pay off other existing shareholder "A" shares. (don't hold me to what they were to pay off, I was too bush trying to memorize the 10 names on the chart and didn't hear him too well) but he did not say the sales of these new shares was to "keep the doors open"

The reason I am positive about what RP said regarding settlements was due to his reply about the 50,000,000 shares. He said "if we needed any more for any other reason we would have asked for more"

There was more conversation but what RP did, AND HE KNEW HE DID IT WITHOUT GIVING AWAY THE FARM, is give us a TIMELINE. I asked him about that afterwards and he said what he said was "we won't be needing to sell more shares."

This implication was in conjunction with his conversation on settlements before any Markman. He in effect said he is positive (LL) there will be settlements during this time period. My "feeling" from talking him afterwards and pressing him for a more factual answer (which he would not give of course) is settelements are coming sooner than later, but definitely withing a now established time line of this time next year.

more......

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