• In Doc 98 paragraphs 14, 15, 17, Mr. Ferguson declares under penalty of perjury that Boyer told him his idea was “unique” and “patent pending”. We know Boyer is lying because he didn’t even apply for a trademark on the name “digEplayer” until Aug 2003 and applied for a patent in June 05. I can find no other patents or trademarks by Boyer or APS on the USPTO website.

• In Doc 98 paragraph 29, Ferguson learned from APS representatives that Boyer had never applied for a patent as he had told e.Digital.

Patent apps were applied for September 8, 2003... the NDA was signed April 2, 2002 17 months prior the applications....the more formal agreement was signed Oct. 22,2002.... or a little shy of a year prior the applications.

doni