Patent Law

A member going by the name, "sunpoop," provided a post on September 17, 2008 at AGORACOM discussing his take on a recent e.Digital shareholder meeting.  Much of the discussion, as well as other messages at this forum, focused on the status of the company's patent infringement litigation and its hopes for success.  The following is an excerpt:

1. EDig patents were filed 4 years BEFORE anyone started having interest in the "Flash Market" so there is no "prior art' to worry about and ABSOLUTELY no competition for EDig's filed patents. Proving infringers infringe is very simple, according to PN. (by the way EDig's patents and what infringers are being sued for is ONLY for removable flash memory that records and playsback audio, at least at this time.

The reason it is very simple to prove and the main reason DM is excited about their cases is the removing of the flash memory card/chip (whatever) and asking the infringer to play back the audio from his device. If he cannot because the audio is contained on the flash memory then he has infringed. EDig's patent 774 covers ALL voice recordings on flash memory...That's pretty big...

The second thing that was of interest to me in PN talks was a chart he brought out with (presumably) the names of all 174 infringers on it. All the names were blacked out EXCEPT those presently being sued by DM. There were 10 names on that chart that were NOT blacked.

RP throughout the meeting was (THIS IS FOR YOU LL) extremely "positive" about coming events regarding the IP lawsuits. He said he and PN had sat in on NUMEROUS meetings and "was positive settlements will be occuring long before Markman hearings take place.

See the full post and access the forum here.