Your post raises the question "Was there an agreement of Sorts between EDIG and SAMSUNG" on the general question of what issues should be submitted for a decision by Judge Ward when MARKMAN HEARING roles around in February of 2010?...

You are correct that 445 and 108 can not be raised as issues in Feb. 2010...

As we reads the explanation of what the 2 dismissed patents cover, we are left incredulous as to why EDIG would agree to remove these 2 from the claim against Samsung. That leads to the logically supportable conclusion that they must have gotten something in exchange for it which we know nothing about...

Unless, in the process of working out the STIPULATIONS the parties agreed to some settlement which will be finalized once EDIG gets it remaining patents affirmed through the Markman Hearing Process... Something like;

O.K you get X million for our violating 445 and 108, and after you get the other patents validated, we give you X+Y sums for you to keep the name and become one of our Subsidiary comapnies...

It sure makes sense as you post imlies...

Gil...