I see a difference in your comments and disagree.

"We rely primarily on a combination of patents."....

This statement was made before they began their investigation of the patents and potential infringement issues.

""The preliminary independent evaluations we have received to date on our flash memory-related patents and claims are encouraging, particularly on our #5,491,774 patent."

The above staement was based on the beginning of the patent investigation process and called attention to a single patent with greater emphasis.

Seems to me you are trying to split hairs with your opening comments.