The way I see things shaping up at this point....e.Digital wants to start discovery to get a better handle on the overall scope of products and related materials needed from defendants to establish those facts. This apparently has been done to some degree between the defendants and plaintiff in an informal manner. Which, IMO would require to some degree of explanation of technical issues at hand.

IMO, Defendants do not want this part of the process entered on the record first and want a status conference to determine what will be processed on the record first... discovery...or claims construction.

The defendants want the claims of the patent issues considered first, where, as i see it, part of their proposed schedule includes recognitions that can not be utilized in discovery.

RE: EXHIBIT E

"5. Notwithstanding the provisions of Fed. R. Civ. P. 26(a)(2)(13), no exception to the requirements of the rule will be allowed by stipulation of the parties unless the stipulation is approved by the court. The parties request that the Court approve their stipulation that only the final expert report served on an opposing party and the materials which the expert relied upon in forming his/her opinions are discoverable. In other words, draft reports, draft declarations, draft affidavits, and notes taken or prepared by experts will not be subject to discovery. Likewise, communications between experts and counsel, except for documents, information, and things included in or attached to such communications that arc relied upon by the expert in forming his/her opinions, will not be subject to discovery."

My prospective.....Minister how does it measure up? Would this approach block e.Digitals process of discovery?

doni