Just re-read EDIG's proposed schedule (Doc 189 Exhibit E) and didn't see any reference to a Markman. Defendants want a Markman sometime after 9 June 10 as seen in Doc 189 Exhibit C. Remember, these are proposed schedules...not court ordered schedules.

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Paragraph 7.d. of Exhibit E is interesting:

Expert Witness Disclosure: e.Digital anticipates the use of expert testimony on the topics of (i) Defendants' infringement of the Patents-in-Suit and (ii) the damages caused by the Defendants' infringement of the Patents-in-Suit.

I seem to remember they weren't planning on calling any experts in the TX 7 case.

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Paragraph 8. of Exhibit E also interesting:

Settlement: The parties certify that, as required by Fed. R.Civ. P. 26(f), they have discussed the possibilities for a prompt settlement or resolution of the case by alternative dispute resolution. e.Digital contends that mediation following an initial round of discovery may be productive.