IMVHO, defendants will not pursue the claims construction proceedings to a final ruling.... as they will know e.Digital is holding the best hand.
That is because, if e.Digital re-litigates the details of 774....what claims construction will the defendants pursue? It will not be similar to the CO defendants claims construction considerations....I can tell you that.
For the most recent cases...the defendants, because of the CE ruling against 774, they were forming in similarity to the CO defendants claims construction considerations against 737.
That will end with a positive appeal.
doni
