The company expects, but cannot assure . . . those are the operative and important parts of that sentence, not that they deleted a word. They also expected and could not assure that we would be listed on Nasdaq, etc., etc., etc. What EDIG says is meaningless.
Let's see if DM takes this and files new litigation. If they didn't appeal the markman before I think I know what they think their chances are - very poor. The markman looms and no one wants to talk about it.
And whether or not EDIG says anything about the future, you might want to read some caselaw about future infringement after a patent has been re-esamined and look at the lifetime enforceability of a patent, which only has a few more years to go in this case.
LL
