with the forum to sport specific jurisdiction i'd like to address the second question first the minimal contact third parties and not on the declaratory judgment plaintiff so we're looking at this is different these this is a situation where they've come to review systems unsolicited and asked for an opportunity to do business they were not alleging french they were wanting a business and they voluntarily come into the jurisdiction first of all with letters and it is as the series of correspondence shows the response they got was less than war and they continuing to continue in finally radio systems acquiesce and gives the opportunity to come in and show the product but before that opportunity is given they insist upon my outage with disclosure so you've got a situation where you've got not just an offer of a license or somebody that's coming into the jurisdiction product and if you look at the correspondence it looks like the infringement allegations actually come up after the meeting he sees a product in a store someplace actually the product of been at that meeting didn't deal with either inforce women or with the subject of the meeting was a deal over of the subject matter of the one for one hat and w commercializing prof i don't think he ever intended for radio systems to sell his products when he was looking for is either all radio systems to assist him in some way or license so i do think you have a direct correspondence you've got offer a business or a business relationship you have a mediator you propose to do this you have a refusal to do business which results in allegations of infringement which results in a declaratory judgment action so i think there is a clear chain there runs from that first letter to  best correct but i think in red we shoot this court brings out the point that we're talking about the fairness for all of the jurisdictional analysis and there are looking at say a bit we're not going to prohibit the that indeed from sending a cease and desist letter we're not i'm going to say that offering a license along with those infringement allegations is going to subject him different fairness analysis you've got a situation where the radio systems is sitting there minding its own business and suddenly it has this unsolicited business off what follows is a series of communications and mr sullivan accessions president president was very thorough he contacted him contacted a contact there comes a point where you say i'm nothing's enough it we're going to allow the patentee to inform at riots but when he tries to strike bargains with people prior to the allegations these are going to be enforceable rights at some time he's referring us to the patent asking us to read the patent and you say this is mine a little niche that i'm going to have and i'm really willing to give you a b earlier time for where you do have a situation where he is telling us leading up to the meeting what he wants he wants a deal on his behalf and i don't think l exceptions for things are known by the parties or have been published so the non disclosure agreement by definition by its own terms addresses not shoes which are  a cooperative business relationship with you through a license that me that may not be enough to trigger subject matter jurisdiction to the declaratory judgment act surely it's enough that product is not going down there to market the patent in effect by saying i want to engage in a what would it business venture which is predicated on the fact that i have a patent and you need a license or at least make sure that they are sued the world of for disclosing that information it's also to set the boundaries of what everybody's obligations are with respect to this digital disclosure agreement relates to causes of action arising or the cause of action arising out of subject matter relating to the agreement i don't know how you can look at the circumstance and the help of a patent not relate rush to the court or else if you look at the correspondence that happens after the allegations of infringement there was no rush after that already use simply ran into a situation where they couldn't agree they were trying to intervene in our prosecution on our happens and radio systems was forced to take some action to get stuff so there was no rush it was a matter of necessity to get the process going and stop their intervention into work that had processes