This sounds very much like a phone discussion I had yesterday with someone, with this being our mutual conclusion of where we are at.

The PR did say 108 was involved though.

Although the ruling could adversely impact e.Digital’s efforts to establish patent infringement of certain claims by certain defendants of the ’774 patent and US Patent No. 5,839,108, the ruling has no apparent impact on the Company's assertions of patent infringement against the defendants under the Company’s US Patent No. 5,742,737, and US Patent No. 5,842,170 which are also asserted in the cases

Note: it says "certain claims" not all claims.

The mystery is for me anyway, what level of impact does CE being granted really have on the entire picture?