"IMO, the Vivitar case will surround, in some manner, the intermediate pass off process between the CMOS sensor and the final file arrangement."
Or, yet again, the CMOS matrix of the sensor itself, not needing analog to digital conversion, we really have some meat by removing a large chunk of the normally associated intermediate process altogether.
In other words, the sensor becomes a process of self contained volatile memory utilizing an e.Digital format, where the file creation process is instaneous and pushed into the non volatile memory.
SP...another question to keep in your mind. Could e.Digital devise a self contained CMOS image sensor, that might have the format underpinning of the patents, directly on the CMOS matrix?
doni