e.Digital

Flash-R™ patent portfolio e.Digital's Flash-R™ patent portfolio contains fundamental technology essential to the utilization of flash memory in today's large and growing portable electronic products market.

"And if we are too fearful of that eventuality what does it say about how strong the patents are? "

Maybe nothing. If management is settling for an amount close to what they believe the patents are worth why risk a Markman hearing? Keep in mind there is much more involved than just the unit value of the patents. Our demand is also based on the projected number of infringing units sold by each defendant. We could proceed through trial only to discover that the number of infringing units is much smaller than we thought. We could also uncover through discovery that we have infringed a defendants patents. There are many possibilities.

In the final analysis, management determines the right number to settle for. If they don't want to reduce their demand to a level that satisfies a defendant then we go to Markman. It's as simple as that.

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jefother
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