e.Digital Corporation (fka EDIG)

[LGJ]

Cassandra... On September 25, 2012, it was announced that the Reexam of Flash Memory ‘737 and ‘774 Patents were Favorably Concluded just after the announcement on September 17, 2012 of Handal & Associates being hired to enforce the Flash-R Patent Portfolio. But, you posted on Friday, August 17, 2012 the following quote:

Despite what Fred Falk says in PRs to keep shareholders invested, there will be no more litigation of the Flash patents.

Now, you're saying the following:

After the dispositive Markman claim constructions ruling against e.Digital in Colorado which resulted in the voluntary dismissal of all defendants who had not settled, it was entirely reasonable to believe that no law firm would ever be willing to file new claims on the '774 and '737 patents. Clearly, Duane Morris was not longer willing to do so and did not appeal the Markman ruling.

In my opinion, on August 17, 2012, you were perfectly clear in your post when you said NO LITIGATION but you didn't anticipate a favorable ruling of the Reexam of Flash Memory ‘737 and ‘774 Patents and the hiring of Handal and Associates. Because now you're saying, it was entirely reasonable to believe that no law firm would ever be willing to file new claims on the '774 and '737 patents. Also, you certainly didn't anticipate any SETTLEMENTS... that's a given, because NO LITIGATION = NO SETTLEMENTS. Of course, now we have several settlements.


e.DIGITAL PATENT REEXAMINATION UPDATE
Reexam of Flash Memory ‘737 and ‘774 Patents Favorably Concluded

(SAN DIEGO, CA, – September 25, 2012) – e.Digital Corporation (OTCQB: EDIG), a long standing source of innovation and future-defining patented technologies, today reported that the United States Patent and Trademark Office (USPTO) has accepted its supplemental declaration filed in response to an earlier rejection by the USPTO of one claim in the Company’s patent US 5,742,737. “We are very pleased with the USPTO’s decision to admit our supplemental declaration thereby allowing the original claim without substantive modification,” said Fred Falk, president and CEO of e.Digital Corporation.

“This concludes the reexamination of the ‘737 patent, and along with previous modifications to our ‘774 patent announced in May 2012, concludes all open reexamination matters,” added Falk. “Overall we believe the reexam process has strengthened and reaffirmed important patent claims allowing us to aggressively move forward with Flash-R patent portfolio monetization activities.”

Notice of the USPTO action, "Notice of intent to issue a reexam certificate," can be found on the USPTO Public PAIR website, http://portal.uspto.gov/external/portal/pair, by referencing application number 90/011,379.


FWIW, has the MITAC settlement been announced in a Press Release by FRED FALK? Unless I'm mistaken, the last Press Release about settlements was for Creative Labs.

e.DIGITAL ANNOUNCES LICENSE AND SETTLEMENT AGREEMENT WITH CREATIVE LABS
http://edigital.com/index.php?option=com_content&view=article&id=121:edigital-announces-license-and-settlement-agreement-with-creative-labs&catid=:news

As far as the settlement amounts are concerned, I'm willing to wait until the next 10Q in August 2013 to get a rough idea of the amounts. Just knowing there are settlements is good enough for me right now.