Gil, there is no requirement for Judge Krieger to order anything tomorrow. What makes you think so? The parties can't impose schedules on the court...it's the other way around.

In fact, there is no indication whether the court will even rule on the term "flash memory" related to the 737 patent.

There is a possibility of a PACER filing tomorrow but it deals with declarations by defendants in Exhibit B of Doc 398. I'm not even sure if those declarations would be submitted to the court. From Doc 398:

"The Defendants identified in Exhibit B contend that they have produced documents sufficient for e.Digital to conclude that their products do not infringe the asserted claims of either of the patents-in-suit, under the Court’s claim construction, and that e.Digital does not need further discovery in order to enter into the stipulation of non-infringement. In order to expedite the conclusion of this case, however, the Defendants identified in Exhibit B are willing to provide limited declarations and/or limited additional documents to clarify any non-infringement issues relating to the Court’s claim construction, as follows: (a) within 30 days after the date of this Joint Statement, the Defendants identified in Exhibit B will provide declarations and/or additional documents to counsel for e.Digital; (b) within 45 days after the date of this Joint Statement, 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 after the date of this Joint Statement, such parties will complete any discovery, subject to additional time being needed to conduct foreign depositions, if necessary; (d) within 90 days after this Joint Statement, 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."