"but there is the possibility that a new Markman on the 774 would be required."

This is what e.Digital wants and the defendants do not want.

The bones of the CE relate to the judge not agreeing with e.Digitals arguing the RAM issue, or the sole memory issue ruled on in Colorado...in light of the re-exam.

The judge has a consideration that the RE-exam was not based on the RAM issue(sole memory consideration ruled in Colorado), it was based on a controll circuitry issue and what e.Digital is claiming, in short words, is not relevant in these cases...this is more or less the basics of what needs to be appealed.

If those issues are resolved favorably to e.Digital, and the current cases are stayed pending appeal, or are still in play if not stayed, there will be a Markman process for 774...either combined with other construction issues if stayed (defendants favoring this), or a second Markman for 774 by itself.

If the CE is favorable to e.Digital, the Markman proceedings of 774 will come out way different than the Colorado ruling leaning in e.Digitals favor.

The defendants will settle in the face of this....at a better price for e.Digital.

Or the remaining defendants can settle now and be gone, as others have already done, ...at their advantaged time frames of infringement and price....for specific devices.

doni