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Message: Member: trillium7

"This way we pressure them to provide us with full discovery or they settle based on our claims. JMO"

"or they settle based on our claims" and the limited discovery that e.Digital ask for from the beginning....a 2 phased discovery process.

Now it comes down to ...

"This Amended Scheduling Order incorporates the provisions of the Scheduling Order for Markman Issues that still are in effect and adds deadlines and limitations related to general discovery and other matters in this action."

It's an amended schedule of opposing view points with proposals ....to be determined by the court.

with that..

"h. Statement summarizing the parties’ discussions regarding the possibilities for
promptly settling or resolving the case.
The parties certify that, as required by Fed. R. Civ. P. 26(f), they have discussed the
possibilities for a prompt settlement or resolution of the case by alternative dispute resolution.

e.Digital contends that mediation following an initial round of discovery may be
productive.

Defendants contend that mediation following the Markman Order may be productive.
Defendants assert that a Markman Order from the Court will not only clarify and narrow the issues in dispute, it will significantly improve the likelihood that the parties can settle or otherwise resolve the case. Defendants therefore believe that the earlier a Markman Order is issued, the quicker this case will be settled or resolved."

Whatever, the judge will weigh what progress e.Digital made on phase one discovery...including his order that depositions of this phase will take place if the defendants refuse to oblige with the requested technical details.

That's my prospective, if anyone can add to it or correct me, feel free.

doni

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