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Message: Re: PACER..Thanks.../bpj...
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Oct 20, 2011 12:22PM

I am surprised at the "conclusions" you paint with a large brush? You say;

1) "Looks like SHM statement of "Get out of Dodge" is coming close to reality..."

There is no basis for such a conclusion. There is no Dodge, it is Denver, Colorado, and there is no basis in concluding DM is high tailing it out of Denver. And until DM says so, any pronouncements here are meaningless.

Recalling that there is a JOINT MOTION before the Judge to be Ruled upon, our best bet is to tone down the getting out of Dodge conclusions which are counetr productive to any news that might push the pps out of the basement. And until the case filed in DENVER is CLOSED, and FINISHED, we should consider the very real possibility that DM is not DONE as yet with this judge, and he is setting the grounds for an Appeal, so long as one of the named defendants in the case remains...

2) You asked, "Does eDig wait for ruling before announcing next infringers???"

Filing of Tier III law suits is not restricted legally. But, DM would be a fool to file his Tier III law suit while questions remain on the DENVER case. And DM is NO FOOL. They will simply have to wait until Marcia has said her piece before moving ahead with the Tier III, and their NEXT move...

A DM who fled Denver because a Judge said "I am confused" would be laughed out of court by defense attorneys representing the likes of Apple and similar prospective defendants; but, if he goes into Tier II cases with 18 settlements, plus the seven in Texas, and has an Appeal before the 10th Circuit, they will thinl twice before challanging his position, and more apt to settle the big ones....

GLTA...

Gil...

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