"we can go forward with it regardless of the possible purchase - if they implead (accuse) Samsung then Samsung can raise their defenses. If they don't, we can still pursue the claim against Samsung."

having a little trouble with that one...

If Samsung buys Sandisk, or whoever they feel to be strategic, would that entity then be protected under stipulation items 1 & 3?

"1. All claims by e.Digital Corporation of infringement relating to U.S. Patent Nos. 5,787,445 (“the ‘445 patent”) and 5,839,108 (“the ‘108 patent”) that have been or could have been brought in this lawsuit against Samsung Electronics America, Inc., or related Samsung entities that could have been named in this lawsuit, are hereby dismissed with prejudice."

"3. All declaratory judgment counterclaims by Samsung Electronics America, Inc. of invalidity relating to the ‘445 and ‘108 patents are hereby dismissed without prejudice." (this stipulation does not seem to extend to related Samsung entities )

I'll call this it for now...lol

As for the court covering all the contingencies....I would think that would be DM's job.

doni