DEAN:...

The discussions for the last week or so are reflective of, (displeasure?!), of some here on the impact the recent MOTION TO AMEND COMPLAINT filed by DM on November of 2009, to include 773 as an additional infringement claim...

FIRST:...

There is no doubt that the MOTION by DM shall be granted by the Court. As stated in the MOTION by DM:...

"...

On November 2, 2009, e.Digital filed its original Complaint for patent infringement of

U.S. Patent No. 5,491,774, entitled “Handheld Record and Playback Device with Flash Memory”

(the ‘774 Patent). On or around January 19, 2010, counsel for Plaintiff e.Digital received a

Certificate of Correction from the USPTO for its related patent entitled “Method for Recording

Voice Messages on Flash Memory in a Hand Held Recorder” (the ‘737 Patent). e.Digital now

seeks leave to amend its Complaint to add a patent infringement claim related to the ‘737 Patent

and, therefore, bring claims for both patents against the Defendants in one action. e.Digital seeks

to assert this new patent infringement claims less than one month after receiving the correction

from the USPTO.

Amending complaints after they have been "served", like the Novmeber complaint filed by DM, are done by filing a MOTION with the Court, and provided good cause has been shown and there has been no undue delay causing prejudice to defendants, these MOTION are granted routinely by the Courts...

Therefore, this MOTION will be granted by the Court strengthening the complaint against defendants...

SECOND:...

All the whining by the Chorus of the usual NNS that somehow the requested amendment by DM will slow down the rate of the settlements has no basis in fact, and IMO it will speed up the rate of the money flow from the DM Monetization effort. Thus the addition of 773 to the complaint will happen, and is a definite PLUS for EDIG, DM, and US...

Clearly, DM is on the BALL, know what they are doing, and this MOTION is a clear indication that they are in fact "...stepping up the process." as you so aptly state in your post...

Good Luck to all...

Gil...

"FACTUAL BACKGROUND