All that said....
What has happened seems now to be for the best, because 108 now has definitive language in front of it. Arguments that e.Digital would have to defended against anyway at the civil level.
108 and 445 continuity matters now have a similar argument in front of 108 by the latest group of defendants.
This appeals ruling should stand in the middle of the 108-445 continuity matters.
We have a pair of serendipitous positive consequences of the appeal. A bitter, but sweet conclusion, that I will get over in short order.
doni