RE: Doc 349. In a nutshell, e.Digital planned on calling Mr. Maltiel to testify at the Markman Hearing and Defendants planned on calling Dr. Richard T. Mihran soley to rebut Mr. Maltiel’s testimony. e.Digital decided not to have Mr. Maltiel testify after all and informed Defendants of this decision in late-December 2010. Defendants’ counsels have advised DM they intend to call Dr. Mihran to testify anyway, even though there is nothing to rebut since Mr. Maltiel isn’t testifying. This motion filed by DM is asking the court to not allow Dr. Mihran to testify.

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