4. e.Digital proposes that following the Court’s construction of “flash memory” and

the completion of limited discovery described in paragraph 1 above, the parties meet and confer

as to proper next steps in the case, and to submit a supplemental joint statement within 30 days

of the entry of an order construing the term “flash memory” in claim 5 of the ‘737 Patent or by

the 90 day deadline set forth in § 1(d) above, whichever is later. Defendants do not oppose this

proposal.