A few comments.

1. I don't understand the following bolded sentence of the judge's ruling:

Accordingly, the Court concludes that the proper construction of the phrase “a flash memory module which operates as sole memory of the received processed sound electrical signals” is best addressed in two parts. The phrase “received processed sound electrical signals” refers to the electrical signals that have been generated by the microphone and passed through the amplifier and gain control circuits, but have yet to be converted by the CODEC. The remainder of the disputed language requires that the device use only flash memory, not RAM or any other memory system, while engaging the CODEC, DSP (as applicable), and memory control functions, as well as storing the fully-manipulated data.

Fig 2 of our '774 patent clearly shows Program ROM (Read Only Memory) directly interfacing with the microprocessor which in turns interfaces/engages with the DSP & CODEC. How can she rule that only flash memory and not RAM or any other memory system, engages with the DSP & CODEC when Program ROM is shown in the patent?

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2. The court only ruled on one claim construction related to our '774 patent; "a flash memory module which operates as sole memory of the received processed sound electrical signals". She did not rule on anything related to our '737 patent which is part of this case and is unaffected by the Markman ruling. I'm sure DM is reminding the defendants about this.

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3. As far as DM goes, their agreement with EDIG states they have sole discretion to determine whether or not they will stay on as our attorneys. I bolded the sentence from the pertinent agreement excerpts:

Contingent Fees Without Litigation. In the event that the Company licenses the Norris Patents without filing litigation, Duane Morris’ fee will be 40% of the licensing fee.

Contingent Fee in the Event of Litigation. In the event that a party refuses or is not asked to license the Norris Patents or any element thereof, and litigation is filed, Duane Morris shall be entitled to the following contingent fees of the total recovery (“Total Contingency Amount”) in each individual case upon the Resolution of the matter:

Upon filing of complaint or counterclaim in declaratory judgment action 40%

Upon appeal of trial 50%

In the event of any appeal of a judgment in favor of the Company, Duane Morris agrees to handle such appeal. In the event of a judgment entered against the Company that results in no payment to the Company, then Duane Morris has the right in its sole discretion to determine whether it will handle the appeal from such adverse judgment.