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Message: recap

patent 108 ...published 11/17/98... birthday party in two days

patent 737... published 4/19/98

patent 774....published 2/15/96 ....

RE: 774

1) having gone through a claims construction process, 1.5 yr

2) having gone through a semi dis-positive construction ruling (which I do not think is appeal able), .5 yr

3) having gone through a re-exam process( removing the ambiguity leading to the semi dis-positive construction ruling and questions of control circuitry), 1.5 yr

4) having gone through a dis-positive CE ruling, (judge not agreeing or denying Colorado ruling, but the grounds of the initial re-exam as they pertain to the current cases) .75 yr

5) now going through an appeal of the CE ruling that includes 108, 1 yr ?

I'd say, give or take, roughly 5.25 year process...

If the CE appeal is positive it will cancel out the Colorado construction ruling on the 774 RAM issue....and will reinforce the other patents in settlement negations. e.Digital does not, or do we, want to go through that process on any of the other patents....however, we do want the best position for settlement negotiations as the other patents relate to 774.

doni

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