The way I see things, with regard to CE...
The previous Markman was an established verbiage(claims construction) to take into the jury....it was not a definitive judgment.
If the current judge decides the previous Markman issue stands....that is all it is....verbiage to be carried to a jury.
It's not a definitive judgment....it's up to e.Digital to run with it at that point....as it was their choice the last time....Where, this time around there is no re-Exam challenge initiated in the middle of the cases that they have to contend with, and keep in mind each case is separate.
doni