"If the CE appeal is positive it will cancel out the Colorado construction ruling on the 774 RAM issue....and will reinforce the other patents in settlement negations. e.Digital does not, or do we, want to go through that process on any of the other patents....however, we do want the best position for settlement negotiations as the other patents relate to 774."

If I remember right, the appeal had more than one reason listed for why the CE should not apply. In other words, the appeal court could send the case back to the trial court for more rulings. In a sense the CO case is canceled out, but there is the possibility that a new Markman on the 774 would be required. It seems to me that a finding in our favor on appeal will mean additional findings yet to be litigated at the trial court level.

My remarks are not arguing against Doni's Recap, but I'm saying this is not simple because we don't know what the appeal ruling will be based upon, nor do we know the directive the court will make in our case.

ORY