1st to Dolphins, early 2008 (I believe Mar) the 1st suits were filed by DM, the "TX 7"

As for the wait, EDIG never had the financial resources to protect their Flash-R Patent Portfolio. It's not that they were not aware of being ripped off, no cash means no IP litigation.

Fast forward to 2006 or so, Nunally was retained as a private consultant to conduct DD and prepare a list in infringers, so that EDIG could "SELL" the case on a contingency basis. DM climbed on board doing their DD with Nunally and company, signed us on and the rest is history.

AAPL's tactic should be blatently obvious to the court.

It's like saying, I killed that guy 25 years ago, why arrest me now?

On the USPTO comment below (poster?) to the best of my knowledge a patent holder can sue (look back period) up to 6 years after it's expiration.

EDIG never was dept free until it was announced at the Nov 19, 2009 SHM as stated by Fred. They were between a rock and a hard place until DM came along.