Maybe...but, if not, the defense at a prospective trial (there have been none to date) could employ it.

Do you think EDIG would do both....file against a new group of infringers and appeal the Markman? I'm not sure a new Markman request is even possible. It seems the appeal process would be the next formal step. Not a nice prospect considering the time and money it would take.

We should get answers relatively soon. If they file against another group, that'll satisfy me.....and the share price.....and my heirs. :>)