RON , Thank you for excellent review of MARKMAN PROCEEDING
You said "Stated another way, it is virtually inconsequential that a given company is, as a matter of simple fact, infringing on EDIG’s patents — the only thing that matters is whether that fact can be translated into
admissible evidence that is convincing enough for a judge and/or jury to be persuaded that EDIG’s position is correct "
I believe the reason for DM lack of lengthy response or so far not calling for expert witness relies on their very strong belief on validity of e.DIGITAL patents.
As NUNNALY emphasized many times the strength of e.DIGITAL patents relies on
ITS OBVIOUSNESS AND LACK OF PRIOR ARTS.
By reviewing docket 172 you can appreciate DM is going after all gadgets but more importantly cell phones with video clips that has audio capabilities ( multimedia files such as video clips that include audio.) AND THAT IS HUGE !!!