Replies to post #77452 on e.Digital Corporation (fka EDIG)

[Cassandra]

That is incorrect. The USPTO issued a final determination of invalidity of the seminal claims of the '774 patent. The re-exam of that patent's claims is done. '774 as it stands is invalid.

Now e.Digital is going to try to save face by submitting amendments to avoid prior art just so they don't have the shame of their primary patent remaining invalid. This is not a re-exam, but an new exam of whatever amemended claims EDIG might submit.

As we discovered happened in the original prosecution, Woody Norris agreed to amend the patent claims to exclude the use of any memory other than RAM, which meant the patent is for a non-functional device because some sort of buffer (RAM) is needed to write to and read from flash memory. All of the accused devices used RAM.

Since the patent is already for a device that would not function as built, they can make any absurd amendment they want to avoid prior art in order to keep the patent live, but it will be a useless patent for a non-functional device and will not have any infringers.

This patent "claim amendment" is nothing but the new carrot Fred Falk is dangling before shareholders.