Supplied by stokesart Reply To: None Monday, 25 Oct 1999 at 6:13 PM EDT Post # of 86746
EDIG response to The-Advisor.com
FYI, this is the response to the article that appeared today on "The-Insider.com".
Wendy Ravenel -------------------------------------------------------------
October 25, 1999
Michael D. Porcelain The-Adviser.com Questions@The-Adviser.com
Dear Mr. Porcelain:
We are writing in response to your article titled "E-Digital - The Next Walkman", published today on The-Adviser.com. We understand that your site does not guarantee the accuracy or completeness of its material, but we feel the need to address a number of half-truths and errors included in your article about e.Digital Corporation, and hope that in some way this information can be conveyed to your readers.
First, we would like to clarify e.Digital's business model. It is incorrect to label the company as "The Next Walkman". We have the first pure software flash file management system. We are also a company that offers an engineering partnership for the world's leading electronics companies to link portable digital devices to PCs and the Internet. Our engineering services range from the licensing of e.Digital's patented MicroOST file management system to custom software and hardware development, design and manufacturing services.
In the first paragraph you state that "the stock has increased from $.10 to $2.50." but you include no time frame for the change, nor do you indicate why you selected those numbers as having any special significance. EDIG is currently trading between $1.41 and $1.44.
A note in the margin asks, "Agreements with Sony?", yet this is not addressed in the copy. e.Digital has not announced or published any information indicating that it has agreements or formal relationships with Sony. The margin note only serves to spread a rumor, and does no good for your readers, your investors, your site, or our company.
The second paragraph characterizes e.Digital as being "involved in flash memory". This is only half true. It would be more correct to say that the company is involved in the file management of flash-memory-based portable devices. Our patented MicroOS technology allows portable products to connect to PC's and the Internet, to download data and manage that data on the portable device and record, play, insert, edit, and/or delete the data/voice/music using simple commands.
While it is true that most recent attention on the company focuses on its involvement in the portable Internet music player market, the fact is that the company's current revenue stream comes from licensing its technology for use in portable voice recorders for heavy dictation users. Customer Lanier Worldwide, Inc., a $1.6 billion subsidiary of Harris Corp., accounts for most of our revenue, and is focused on portable voice recorder applications for business use in the medical and legal markets.
Your paragraph detailing the Company's contract with Lanier also contains false and very damaging opinions. The initial purchase order from Lanier for over $3 million worth of product is indeed binding, and shipments of their Cquence Mobile product, which began June 15, are continuing and will continue, per our contract which runs through December 2001. To state that the "total revenue for the five month shipment appears to be only $15,000" demonstrates that you did not collect current information or fully understand past information published by the company. The initial order is indeed expected to fulfill Lanier's first five full months of needs based on their sales projections. The total paid to e.Digital for the shipments will be the face value of the Purchase Order. When the initial order is complete, we expect additional orders, and there is also a potential for developing enhancements to existing products or developing new products altogether for Lanier. The two companies enjoy a close professional relationship that has resulted in a powerful, valuable product that is quickly being adopted by the medical community.
The paragraph in your article detailing the Company's agreement with Intel incorrectly states that "Intel was supposedly designing and making prototypes.", when in fact e.Digital is designing the prototypes, with input from Intel and its customers. The involvement of recently-introduced new technology and additional OEM's have affected the timing of delivery, but at Intel's request, the Company cannot release further details. The two companies enjoy very close professional relations, and look forward to exploiting future business opportunities together.
You include a false and very damaging opinion when you state that "there is no formal agreement or relationship with Lucent nor is there one pending." e.Digital and Lucent first began working together more than a year ago. In February 1999, e.Digital announced that it had been commissioned by Lucent to create a second-generation prototype digital music player. An April 21, 1999 announcement originating from Lucent makes reference to the fact that it contracted e.Digital to create a hardware and software reference design for a secure, portable Internet music player featuring Lucent's EPAC music compression software, and based on e.Digital's MicroOST Audio and a DSP from Texas Instruments. The two companies enjoy a close professional relationship in a fiercely competitive new industry, and continue a co-marketing arrangement to promote the music player design to a number of potential licensees.
Your paragraph outlining Management and Related Parties makes a false statement about patent ownership that could easily have been remedied with minimal research. The Company owns rights to all its patents created in full or in part by Mr. Norris, and in addition, the Company retains the rights to Mr. Norris' future developments and patents relating to our current product lines.
The number of shares outstanding has increased in the past year, due to warrants as indicated. The pricing of those warrants, between $.10 and $.25, was set at a time when the stock had been trading between $.05 and $.08 for several months. This also represents long-term debt which earlier this year was converted to equity and was covered in the company's most recent 10-K.
The "Technology" paragraph states, "a.contract with Sanyo was terminated after only a few years." The agreement with Sanyo was MEANT to be temporary. Sanyo agreed to purchase and resell all remaining inventory of our FlashbackT and VoiceLinkT digital voice recording products. The agreement was satisfactory to everyone involved, and to say that "the contract with Sanyo was terminated after only a few years" implies a negative result which is simply not true. The two companies continue to maintain dialogue about potential opportunities in the portable, digital voice recorder market.
The "Technology" paragraph also states, "an attempt to become an OEM manufacturer was a complete failure resulting in large write-offs". The company's attempt to produce and market its own retail product line is what resulted in large write-offs and losses. Simply put, the company did not have an adequate marketing budget to make itself a household name, even though it created an outstanding line of digital voice recording and downloading products. In early 1997 the Company began focusing on the business of providing OEM technology, intellectual property, design services, R&D, and manufacturing services for name-brand customers. This has resulted in diminished losses, and has brought us contracts and relationships positioning e.Digital as an important player in the emerging portable, digital future.
Some of your additional comments on technology seem disconnected from the products and services we provide. The portable voice and music applications for our technology are best described as hand-held devices where cost, power, and memory are at a premium, and connection to a PC and the Internet are necessary. Palmtop computers could benefit from adding our MicroOS to manage files on flash memory, but MicroOS certainly is not intended to replace the Palm OS or Windows CE, both of which need to support multiple applications such as word processors, spreadsheets, and calendar functions, and are based on Pentium-type processors. MicroOS is used in flash-memory-based hand-held products whose main processor is a DSP or low-powered microprocessor. Our dealings with current and prospective customers indicate that business applications are rapidly developing around such tools, especially relating to dictation and voice-to-text and text-to-voice features.
We wish to address your statements about Mr. Norris in the "Financing" paragraph. Mr. Norris has registered warrants in relation to a past financing in which he personally put up collateral to fund the Company's operations. As we are sure you are aware, any officer of a public company must file in accordance with Rule 144 before selling any shares, and no such filing has been made, nor are there any plans for Mr. Norris to file under Rule 144 to sell shares.
Regarding the registration of stock, we have already covered the activities
of Mr. Norris. Per the terms of our $3 million financing completed at the end of June, we were contractually bound to file a registration statement no later than 30 days after receipt of the funds (June 24th). Of the 13 million shares registered in July, 2,752,615 shares were registered in connection with the June financing with the balance being registered for prior financings. The majority of the individuals and entities named in the registration statement have been investors in our company for several years and have supported our company in the past. While we can't speak for every one of them, we believe most of them will hold their shares for long-term capital gains treatment and expected appreciation in the price of the stock.
It is disappointing to see a journalist take a hatchet to our company publicly without having researched current information and without having contacted the company for input before writing and publishing said article. We do look forward to your site providing additional facts and updates on e.Digital Corporation. We encourage you to call the company at (858) 679-1504, or visit our web site at www.edig.com. We have been, and continue to be, very positive about e.Digital and its present standing as well as its bright future, and would welcome the opportunity to talk to you in person.
Sincerly,
Alfred H. Falk Robert Putnam President & CEO Vice President, Investor Relations
_____________________________________________________ Wendy Ravenel Investor Relations/Public Relations
e.Digital Corporation 13114 Evening Creek Drive South San Diego, CA 92128 (858)679-1504 PHONE (858)486-3922 FAX Note new area code (858) as of June 1999 edig.com investor@edig.com
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