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Message: Re: 774 amendment
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May 18, 2012 10:00AM

May 18, 2012 10:17AM

IMO, the additional claims strengthen 774, but to what degree I'd be guessing...here's what I posted the morning of April 4:

NOTE: this is my understanding in my own words, from a summary of comments at the Sept 1 SHM, then a follow up visit Dec 13 with Fred 1 on 1. By then I knew the interview had taken place. My goal was to revisit the SHM comments, ask questions, then in my own mind make sense of the reexam process. Nothing said is a quote from Fred.

My visit with Fred to re-discuss what he and others said at the SHM, was to better understand the reexam process. My take away was: the goal is to make minimal changes to the claims, in an effort to not weaken the original wording of the patent, as it can effect which products remain as infringers. In the negotiations that takes place with "final rejections" and then the interview(s), compromises in the claim wording may be required in order to revalidate the patent, which can weakin it in some areas and even strengthen it in others. The final outcome may eliminate some of the infringers product line or how far back in time we can go, claiming where infringement began.

Here's the company PR hours later the same day...LOL!!!

e.DIGITAL PATENT REEXAMINATION UPDATE

(SAN DIEGO, CA, – April 4, 2012) – e.Digital Corporation (OTC: EDIG),

a leading innovator of dedicated portable entertainment systems and patented flash memory-related technology, today reported that it will request amendment of its patent US 5,491,774 in response to a rejection of certain claims from the United States Patent and Trademark Office (USPTO) which was recently received. As is customary, e.Digital expects to incorporate modifications to certain rejected claims while leaving a majority of US 5,491,774 claims unchanged. The Company expects, but cannot assure, that the planned modifications will overcome the rejection and further believes the modifications could clarify and strengthen its ability to enforce future infringement of US 5,491,774.
A copy of the USPTO action, “Reexam-Final Rejection”, can be found on the USPTO Public PAIR website, http://portal.uspto.gov/external/portal/pair, by referencing application number 90/011,302.

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