One of the major issue that should be resolved by Appeal court is this paragraphs by

defendant counsel for Futurewei ( Huawei ) in recent Feb , 12 , 2014 , that

"e.DIGITAL previously asserted the ' 774 patent and related patents in the district

of Colorado ....."

As we know patent " 108 " never been litigated in Colorado , This patent application is a continuation-in-part of U.S. patent application Ser. No. 08/612,772, filed Mar. 7, 1996, for an operating system including improved file management for use in devices utilizing flash memory as main memory. The serial No. 08,612,772 is belonged to US Patent No: 5,787,445 . So in fact patent " 108 " is a continuation -in-part of patent 445, and as we know none of these two patents litigated in Colorado. JMHO