defendants...sebquent Markman order.....

"If it is determined by the Court
that a party does not meet and confer in good faith over whether any issues are case
dispositive, this will be considered by the Court in determining whether this is an
exceptional case under 35 U.S.C. § 285; and
(ii) Fact discovery on damages issues begins.
d. 60 days after Court issues a claim construction order: All fact discovery on liability
issues must be completed (including deposition of all fact witnesses on liability
issues).
e. 120 days after Court issues a claim construction order - All fact discovery on
damages/willfulness issues must be completed (including deposition of all fact
witnesses on damages/willfulness issues);"

It's a bit confusing as to what the defendants are considering here "discovery on damages" would this be considered the balance of discovery?

If that is the consideration, defendants want 120 days and e.Digital wants 60 for all discovery issues to be completed.

They still however do not want to stat thier issues untill after the Markman order...

doni