per DM agreement, they have the "sole" right to decide whether or not to appeal only if there is a "judgment" against e.digital and e.digital recovers nothing.....DM will continue, imho because:

1. this is not a judgment

2. even if it were a judgment, which it is not, it is not final....many other claims, etc not ruled on...it would be interlocutory at best

3. DM has to brief issues w/in 30 days and i believe they will pursue other claims, they did not"agree" to any dispositive issues, they requested plain meaning on other terms and they did not waive first claim terms,

4 even if a summary judgment on this issue is entered, it is not all the issues and it is not final..

5. DM represents us on 5 patents, not just one...

6. i believe the "order" is in lieu of mediation order, glta!