13

Defendants take issue with e.Digital’s statements regarding the DSP, which is part of

the control circuitry in certain claims. (Motion to Preclude at p. 9, fn. 5). However, DSP is not

subject to claim construction or included in any claim to be construed. Thus, whether DSP refers

to digital support processor or digital signal processor is not relevant for the purpose of the

Motion to Preclude.