The Roadrunner must have confused you...

Let me explain it this way:...

1) The Judge had the Ball in her Court. Subject to her CAVEAT "I DID NOT MEAN TO", the Judge has in essense ruled 774 to be INVAID...

2) Going to Trial on the basis of these FACTS is not an oprion to be followed by DM.

Assuming the case was tried, and then thee Jury got their Instructions from the Jury that EDIG patent was invalid, what have they to decide? A take nothing for EDIG?...

Based on the logic explained above, DM can file their NOTICE OF APPEAL with the Court by end of today...

On the other hand defendants may choose to ignore the Judge's CAVEAT and go ahead with filing their Motions for Summary Judgement, and if they do so, then DM shall have the option of appealing any decision she issues, assuming she rules for defendants.

Simple. The judge punted, and parties are scramblig to get the Ball and score a touch down. Either way chances of going to trial are low, and we shall see what parties say today...

Either way GLTA...

Gil...