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Message: PACER digEcor

Recently, e.Digital has served subpoenas to Triad Engineering, Maxjet Airways, Midwest Airlines, Wolf Electronix, VPI Engineering, Aeroflot Russian Airlines, Hawaiin Airlines, DeCuir, Inc.

I didn't download all the AFFIDAVITS OF SERVICE for Subpoenas Duces Tecum...only Doc 228 served on Triad Engineering. I figure they all probably read the same and I decided not to pay for them all.

On the other hand, when I read the recent Vivitar Doc 47 title, "Unopposed MOTION for Extension of Time to File Response/Reply as to 46 of Record by E. Digital Corp.", I almost didn't download it thinking it was mundane, just asking the Court for some more time to respond. Little did I know it contained the statement that both parties were engaged in settlement talks. You never know.

I believe a settlement with Vivitar is very likely, and an announcement will come from e.Digital on or before 29 Oct 08. Vivitar/Sakar want this case to go away now rather than pay attorney fees over the next year+ and probably losing at trial anyway. I'm also certain Vivitar knows it was LG Electronics that first settled with e.Digital and that has greatly influenced their willingness to talk about a settlement. EDIG/DM realize with Syntax-Brillian in bankruptcy and Vivitar being sold and experiencing inner turmoil, their best bet is to get what they can from Vivitar and focus litigation efforts against new infringers. Win-win for all.

Nothing new on PACER today.

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