Subject: Scheduling / planning conference

Date: April 1st 2010 "And it ain't no joke"

Reference: Civil Action NO. 09-CV-02578-MSK-MJW Document 240 Filed 3/26/10


Setting

A SHOW CAUSE HEARING / STATUS CONFERENCE is set APRIL 01, 2010 at 9:00 a.m. in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294 before
Magistrate Judge Michael J. Watanabe at 9am.

Participating entities

4 lawyers for Plaintiff e.Digital and 13 lawyers in presence and 2 lawyers on conference call(s).
See Document 240 pp 2-3. There were so many defense lawyers present that 10 had to sit in the Jury box.

Note: Document 240 lists Natalie-Leb of Faegre & Benson LLP, and Woody Jameson and Matthew Yungwirth of Duane Morris. But there were 4 council sitting at the Plaintiff’s table.

Note: The defense council for Sakar didn’t show cause for not showing up. It was noted by Plaintiff team that they had contact with Sakar and expected Sakar to be represented by council. This was noted by Judge Watanabe and will be discussed during the status conference on March 13th at 1:30pm. Actually Sutton the attorney of record representing Sakar could be in contempt of court. Judge Watanabe was not too happy.

Note: Woody Jameson was the spokes person for the Plaintiff e.Digital. And defense gang of 15 took turns speaking but were in agreement with each other. So it looks like this is basically plaintiff e.Digital vs. defendant Pentax. That is what the sign said at the entrance to the courtroom.

Purpose and proceedings. Start 9:30 Done 10:45

The purpose of today’s hearing was to pave the way towards Markman hearing. This was done by going through Document 240 page by page and gaining agreement between the Plaintiff and Defense on Judge Watanabe’s editing of Document 240. A new version of Document 240 will be produced by the Plaintiff team and be available on April 15th.

Note: I am not going to provide my markup copy of Document 240 because a new one will be available soon. In other words this important document is a better read from the source. I will have to add that more item-bullets will be removed
from Document 240 than added/modified. I noted that pg7 starting at Plaintiff’s Statement and Proposal through pg 15 will be removed from Document 240.

With this thought it seems the Judge Watanabe wants to get down and get this case rolling.

For instance when the discussion came over “prior art’, the defense was whining about how long it is taking to do “prior art” searches and that the search isn’t as simple as just looking into a database.
Judge Watanabe said to the defense, “GET YOUR ART IN”. I believe that e.Digital will use “prior art” from the Texas 7 case.

Judge Watanabe stated that this case is to pre-mature to set a date for a pre-trail conference. So the date that was set was for a status conference on May 13 at 1:30pm. The plaintiff’s legal team will not be present in person because of a prior commitment in Texas?


Points of contention

* Woody Jameson says that more claims can be asserted during the discovery phase.

* Woody Jameson also said that there is no way to proceed with “Computation of

* Damages” until the Plaintiff’s receive ‘sales’ info from the defendants.

* The defense team stated that the Markman hearing my only last a day

* At one point Judge Watanabe had to tell Woody Jameson to "sit down".

So at this point I thing this case is at the point a the Plaintiff’s asserting claims against the defendants. And the way Woody put it is, “Does the Audio written to flash memory (in defendants device) infringe or not depends on how the defendant’s products work”. When the Plaintiff’s were asked if there would be more expert technical testimony other than the persons to be disposed pg 28, Woody Jameson answered there may be some more testimony from e.Digital. But I do believe Woody Jameson later said that there probably will not be anymore expert technical testimony from anyone. So I am assuming that Woody Jameson and Mathew Yungwirth will be the technical spokesmen for the Plaintiff’s e.Digital. Could it be that Woody Jameson is assuming a CTO role for e.Digital.

The Good
* I believe Woody Jameson is very tenacious and confident.
* Judge Watanabe is micro-managing the case.
* Not much was stated by the Plaintiff’s that wasn’t in Document 240.
* The defendants are setup like dominos. One falls and they all go.
* There was one quiver from the defense team l, “if we are still here” when scheduling was discussed.
* This I am not sure about this but there were two ‘lawyer’ looking dudes sitting behind me. They didn’t say anything. I had a feeling they were the ‘scout’ team for?
* There wasn’t much contention between the Plaintiff and Defendant(s).

The Bad
* The Plaintiff’s teams will only be available by conference call for the status conference on May 13, 2010.
* There was no indication that any of the defendants were ready to roll over. Like I mentioned they are a TEAM.
* There wasn’t much contention between the Plaintiff and Defendant(s) so I couldn’t handy cap the proceedings.

The Ugly
* I need to get a new shirt so I can wear my Jerry Garcia tie.