From the 4 Aug 10 PR:

The Company also announced that a Markman hearing has been scheduled for January 28, 2011 in connection with the second round of Flash-R™ intellectual property (IP) cases. e.Digital filed enforcement actions against 19 companies in November 2009 after receiving $11.4 million in licensing revenues from seven companies from its first round of flash memory-related cases. To date, three of the 19 companies in the second round have settled and entered into licensing agreements.

“We are very encouraged with all our IP developments and look forward to providing further information about them in future Company communications,” concluded Falk. “We also look forward to the January Markman hearing and enforcement activity that will precede it.”

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The company may be telling us they plan on filing against more companies before the January 2011 Markman hearing. In the first paragraph, they defined “enforcement actions” as filing a lawsuit. Is “enforcement activity” the same thing, just worded differently? DM is working hard to win the Markman hearing in hopes they can just sit back and cash their 40% cut from future defendants. Imagine if they file against another 40+ companies in November, then get a favorable Markman hearing in January. The new 40, and what's left of the CO 19, will fall…hard. Combine that with whatever elements RP is talking about and it could be a very interesting 6 months ahead.

Looking forward to the day other companies simply agree to a license of EDIG's IP, without being sued.