h. Statement summarizing the parties’ discussions regarding the possibilities for
promptly settling or resolving the case.

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.

Defendants contend that mediation following the Markman Order may be productive.
Defendants assert that a Markman Order from the Court will not only clarify and narrow the issues in dispute, it will significantly improve the likelihood that the parties can settle or
otherwise resolve the case. Defendants therefore believe that the earlier a Markman Order is issued, the quicker this case will be settled or resolved.