"However, during that time the Flash Patents were represented and litigated by a very different team of attorney's. Those teams decided to appeal the Colorado opinion with a new team leader representing the appeal. We all should aggree the favorable appeal assisted in getting the company down the road with new Patent Portfolios Nunchi, Microsignet, and Project Pluto.'
Rsixshter, I like your style, however, with all due respect...
The Colorado opinion was not appealed.
The 774 patent, that received the dis-positive opinion, went through a subsequent re-exam. A re-exam that was not initiated by the owner , but by a defendant in the Colorado case.
e.Digital's new representation (Handal) then carried the re-examined 774 patent against new litigants. During the litigation the 108 patent, a completely different patent having similarity to 774, was exhibited in the process to fortify the attributes of the re-examined 774 patent.
The litigants then motioned the court to stop (CE) the process based on 774 having already had its day against litigants. The judge ignored the 774 re-exam initiated by others, ignored the 108 similarity of explanation in comparison and instated CE.
Thing is the judge threw 108 into the 774 CE mix and froze it.
Handal had to then thaw out 108 from the mess with an appeal.
IMO, the judge knew 108 was a separate and distinct issue from 774 and was deliberate in his action to freeze it.
doni
