Doni, just my understanding but I asked Mr. Handal at the SHM that exact question....IE: Is 774 now "dead" as far as Apple is concerned: He replied "it was". I then asked if there was any way it could be revived against Apple in the future: His answer" "AT THE PROPER TIME".

I then followed up with: "exactly what does that mean and when? He was not clear in his answer except to say, "We will have to see what transpires after the Markman"

From my conversation with him, which was extensive, I got the impression that 774 was "dead" at THAT PARTICULAR TIME but could change after the Markman especially since it was CE to death, WITHOUT PREJUDICE.

He was quite positive about his very definite statement "AT THE PROPER TIME"