"Maybe it's just my imagination, or trying to see the bright side of our cause, but I thought it was worthy of a comment."

I feel the same as you. All I want is the judge to be firm and show an inquisitiveness to understand both sides.

What they are working toward, other than 774 issues involving the physical hardware characteristics for delivering a bit stream, are the non physical aspects involving 737 claims 4.5,6,& 7......in particular claim 4. Collectively they open the approach to the advancements of 445.

If they get the limited discovery they're after, from there we see how it pans out.

IMO, we're not getting a Markman result. Not only is there the consideration of defendants not wanting to fully proceed at what may be apparent reasons....ie... costs etc.....they may not want to open a can of worms leading to an easier process for e.Digital to pursue 445 issues that may come back to haunt them at a later date.

doni