Both patents are still in play but it would appear that DM expects the judge to narrow the scope of 737 as well. DM is requesting further discovery to see if some of the defendants are infringing under this narrow scope. Once this is determined, I imagine that DM will declare that most are not infringing under her ruling. A SJ will be sought by the defendants. Case dismissed and then DM will appeal the MH to try to have her ruling overturned.