Sounds like appeal is the route, as you note.

This round goes to Goliath.

"1. The ‘774 Patent: e.Digital contends that the Order construes certain aspects of the “sole memory” limitation of the ‘774 Patent, and although e.Digital disputes the Court’s construction, it is prepared to stipulate to non-infringement of the asserted claims of the ‘774 Patent with respect to the accused products offered by the Defendants identified in Exhibit A.: