'Can we come back at Apple if we get a positive appeal.'

They do not need the appeal to shove 108 on Apple...108 can stand on its own merits, 737 can stand on its own merits except that it is tied directly to 774 and would not be worth the effort.

emit, the appeal of 774, if positive, will then be able to be re-litigated on its own, however, that aside, IMVHO, it will reinforce 108 , 737 and others during their respective claims construction proceedings just by its existence and presence.

Because 774 has gone through such a gamete of legal detail it strengthens the others.

The claims construction proceedings of the others have a determinable out come as being positive to e.Digital...if 774 gets a positive appeal.

With that, settlements will be speedy and much more lucrative to e.Digital.

IMVHO, defendants will not pursue the claims construction proceedings to a final ruling.... as they will know e.Digital is holding the best hand.

doni