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Message: Re: e.Digital Corporation v. New Dane ~ Pending Settlement
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Dec 08, 2014 12:37PM
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Dec 08, 2014 12:43PM
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Dec 09, 2014 11:40AM

"And last, if Samsung settled 108 and 445 separately, what did Samsung get - possibly the right to use the technology covered by the patents?"

108 and 445 where dismissed form the particular case...no one got anything, where, IMVHO, Samsung did not get a license for them. For that particular case.... 108 and 445 were not prosecuted. There’s a questionable method to this issue that e.Digital preserved.

From my prospective.... in reading the various Texas 7 settlements, Casio and Olympus got full rights.... as for the others, I question that they did not. Depends on the claims asserted in each individual case.... if the sole memory issue was not asserted against Samsung for 774.... I would say 108 is set to go.... 108 and 774 are separate patents.

e.Digital dropped the complaint with regard to these two patents....and Samsung preserved it rights without prejudice" based on its counter complaints ....just like Apple did....in settling the three patent issues asserted against it. Apple preserved without prejudice its counter complaint rights.... 108 was not asserted against Apple. Perhaps Apple feels it can defend the sole memory language as a moot issue if 108 is asserted against it. However, post CE appeal, 108 and 774 are definitively separate patent issues.

doni

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