"This stipulated partial judgement is for non-infringement."

It's an agreement(or contract). They are being put in place prior to the claims construction process getting into full swing.

The agreement gives the defendants the ability to bow out , if they wish, prior to the Markman hearing.

What the agreement offers, is to waive future 774 litigation if a defendant settles prior to the Markman hearing.

The defendants are released without prejudice and the agreement will either enforce e.Digitals rights, or it will over ride the defendants without prejudice status if they settle prior to the hearing.

If a defendant does not settle prior to ANY judgement....which can be dispositive to e.Digital or positive....the exhibit is filed and e.Digital will go after the defendant.

If a defendant settles prior to ANY judgement.......the exhibit is not filed and e.Digital will not go after the defendant.

doni