The concern was....they were not abiding @ first to the two phase discovery process....where the judge finally stepped in an ordered full discovery to take place.

At that point I saw a problem....that being, what discovery would be forwarded first, as e.Digital had a priority for certain data in advance of the Markman hearing.

The only question I had at that time, are the defendants obliged to hand over the data as they see fit as long as they fulfill the judges order prior to the Markman? In other words giving e.Digital its priority data late in the discovery process, where if they did, would e.Digital ask for a reschedule of the Markman?

The recent Pacer is encouraging, for now any way.

doni