Here is your ANSWER from RP...
"Thank you for your e-mail, Kirk. We believe the Court’s rulings are very positive for e.Digital with most of digEcor’s claims and their motion for summary judgment being dismissed or denied. Even though the Court left the door open on the 2002 NDA, we are confident we will prevail on this also. More information about the ruling will be included in our upcoming SEC filings."
Best regards,
Robert Putnam,
Sr. Vice President
He is probably quoting EDIG attorneys who are "confident" they will prevail of the issue you have questioned.
Gil...