"As e.Digital has disclosed to the Court and Defendants on several occasions, it anticipates that discovery will show that Defendants’ accused products also infringe claims 4, 6 and/or 7 of the ‘737 Patent. However, as of the filing of this Brief, none of the Defendants,except the Nokia entities, Panasonic/Leica and HTC entities, have provided technical information that e.Digital needs to evaluate whether any particular Defendant infringes these claims."

"e.Digital still is reviewing this recently produced additional information to confirm whether it provides enough detail to form a good faith basis to assert claims 4, 6 and/or 7 against Nokia, HTC, Panasonic and Leica. Certain other Defendants have indicated that e.Digital will need to subpoena the requested information from third parties. Because the Court’s Scheduling Order for Markman Issues does not permit third party discovery in the claim construction discovery phase, e.Digital intends to subpoena this information during Phase 2 discovery and e.Digital reserves the right to pursue these claims, with leave of court if necessary, if discovery presents a basis for doing so."