BLR...this is the agreement that started it all....my comments anyway

For the release of Apple... Stipulated Partial Judgment of Non-Infringement without prejudice.

"Plaintiff and Counter-Defendant e.Digital Corporation (“e.Digital”) and Defendant and Counterclaimant Apple Inc. (“Apple”) by their undersigned counsel, hereby stipulate and agree, subject to the approval of the Court, to the entry of the attached Stipulated Partial Judgment of Non-Infringement and jointly move for entry of same. Good cause exists for the relief requested as set forth below."

They are initially agreeing to conditions...

In this agreement is this phrase:

"In view of the foregoing, the Parties, by and through their counsel, agree and
stipulate as follows:
1. In light of the Collateral Estoppel Order, the Parties request that the
Court enter, and/or incorporate into any final judgment of the Court in this matter,
the Stipulated Partial Judgment attached hereto as Exhibit “A”."

2. The Stipulated Partial Judgment is without prejudice to the Parties’
rights to appeal the Collateral Estoppel Order and/or any prior or future Orders
issued by the Court. Entry of the attached Partial Judgment will streamline the case and the issues to be decided and will avoid unnecessary expenditure of fees and costs by the parties."

774 aside, we know what issues are to be decided... The red indicates the on going court issues... 737..etc Markman proceeding....and that is the line that started my consideration.

link to Stipulated Partial Judgment of Non-Infringement

NOW...

The recent Apple issue posted...link

Is to release e.Digital from the counter claims of Apple....STIPULATED PARTIAL JUDGMENT without prejudice.

"7. Apple hereby dismisses without prejudice its Counterclaim Count VI
for invalidity of the ’774 patent, as well as all other defenses with respect to the
’774 patent, and reserves the right to re-assert all counterclaims and defenses
relating to the ’774 patent should e.Digital or any successor in interest accuse"

Which also is conditioned to what the court does...

"10. For the sake of clarity, this Stipulated Partial Judgment of Non-
Infringement is not a final judgment pursuant to Fed. R. Civ. P. 54(b) and, if so
necessary, is to be merged and/or become part of any final judgment entered in this
matter and may be incorporated as an exhibit thereto."

"In this matter" refers to item 1 and item 2(see red) of the Stipulated Partial Judgment of Non-Infringement ...see item 2 above

There are two pieces to each case....1. Stipulated Partial Judgment of Non-Infringement without prejudice (defendant) and 2. STIPULATED PARTIAL JUDGMENT without prejudice (plaintiff)

And they are connected by stipulated and agreed conditions.

doni