"I do not read the situation the same way. We have no leverage with patent 774 right now because of the Colorado ruling followed up with the collateral estoppel. So we are saying, let's set this aside for now and we reserve the right to re visit it should the collateral estoppel be over turned or won on appeal."
e.Digital has rights to appeal the CE, just as you consider above, that is the leverage.
Everything I'm reading is conditional to ANY ruling this court makes.... exhibits are to be filed conditionally....if the judge rules.
If the judge does not rule on anything....then what???
Normally, there would be nothing conditional to dismissing defendants form 774 issues....without prejudice.
Who made things conditional?
IMO...e.Digital did....do this and we will waive that.
doni
