"Can we absolutely appeal and go to trial,"

They don't have to appeal anything, they can just go to trial.

Do they feel that a convoluted claim term by the court is detrimental?

Item one of the courts consideration is no big deal, the court has simply sorted out the analog issues that take place prior to any conversion....

As for item two and the three sorted details tied to it...

"requires that the device use only flash memory, not RAM or any other memory system, while engaging the CODEC, DSP (as applicable),"

Someone is going to have to explain to a jury what that phrase means...where is processing taking place.....what is the flash used for?

A. “flash memory” (Claims 1, 2 and 19 of the ‘774 Patent and Claim 5 of the ‘737 Patent)

e.Digital’s Proposed Construction: "block erasable non-volatile memory"

Defendants’ Proposed Construction: "block erasable non-volatile memory that is the main memory of the system "

main memory = .....processing agent....or storage?

The judge was to give consideration to both A and B claim terms...it is apparently giving consideration to A within the phrase it considers...and has ignored any direct “flash memory” identification. With that, it is a block erasable entity , a detail that is yet considered non useful as processing agent. It's a slow process to program and deprogram cells that have a limited life cycle....it's only good for storage....while having to balance the inherent problems under that use.

All DM has to explain to a jury with regard to that , trapped electron memory substrate is not used as a processing agent. It's a matter of it being a physical impracticality of non over-write memory vs. an over write memory(RAM) used under continuous cell programing.

Someone will have to explain what Flash memory is and why it's called flash....and it won't be hard to do.

The defendants have to consider as well, as they did not get straight out what they were after.

It's a matter of who feels confident in front of a jury...It's not hard to explain what flash is if needed.

doni