LGJ: I was quoting from the "Risks Related to our Patent Licensing and Enforcement Strategy," not the "Progress" section you quoted from.
My point is the disclosure of a serious new risk factor that was never disclosed before. I also explained why I believe it has been added to the risk factors.
Have you reviewed Newegg's motion for attorney fees in the Creative case (Dkt #43)? If so, what are your thoughts? They are requesting over $30K for all of their attorney fees or at minimum $18K incurred subsequent to 4/26/13.
Newegg wasn't sued by "mistake" and attorney fees aren't awarded for a simple error. It has to be deemed an "exceptional case" that involves misconduct, which is a very serious matter.
I look forward to e.Digital's response to the motion which is due by July 12.
FWIW, I think Newegg has a good case and look forward to the outcome.