"To ensure the Stay will not impact the ongoing litigation, Summit agrees to be bound by

any substantive decisions rendered by the Court during the period of the Stay. Summit

reserves the right to join in any appeal taken by any of the remaining defendants of any

substantive decision made during the Stay Period."

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Gil....they reserve to join in on any appeal .....I think I understand why they did that. They would not have to petition to be part of a favorable position of defendants after Markman, however, they do not want to be left holding the bag unsettled with Edig if the defendants do not have a favorable position and go to appeal...?

doni