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Message: Regarding Exhibit B Doc 395, DM Response

I left out the boiler plate stuff:

a) within 30 days provide declarations and/or additional documents to counsel for e.Digital

b) within 45 days counsel for such parties will meet and confer with counsel for e.Digital to determine whether any further discovery is needed

c) within 75 days such parties will complete any discovery, subject to additional time being needed to conduct foreign depositions, if necessary

d) within 90 days the parties will file a joint report to the Court advising of the status and whether any issues remain to be resolved with respect to e.Digital’s claims of infringement of the ‘774 Patent and related discovery issues.Defendants do not believe depositions are necessary or appropriate, and reserve the right to object to any demand Plaintiff may make for depositions.

Clock starts July 28th:

a) ends Aug 27th

b) ends Sept 11th

c) ends Oct 11th

d) ends Oct 26th

Yes, there are some weekend dates in there but it's close enough to put in our thinking cap.

With the SHM 9/1, "a" will have concluded, but I would not even try to guess if anything will hit Pacer or any information disclosed at the SHM.

Then there is this issue:

2. The ‘737 Patent: e.Digital contends that the Order did not construe any terms of claim 5 of the ‘737 Patent and, therefore, the Order is not dispositive with respect to that claim. Accordingly, e.Digital proposes that the next step in this case is for the Court to enter an order construing the term “flash memory” of claim 5 of the ‘737 Patent.

So, how long will this take the court?

BOSOCKER, mark your calender...LOL.

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