"if what we have is proven in march"

It's not a matter of proving anything in March. What the March date is about is the court adopting claims construction language in moving things to a trial.

The only claims construction language for 737 considered in the CO case was the issue of item A that the CO court did not rule on.

What is flash memory?

A. “flash memory” (Claims 1, 2 and 19 of the ‘774 Patent and Claim 5 of the ‘737 Patent)

e.Digital’s Proposed Construction: "block erasable non-volatile memory"

Defendants’ Proposed Construction: "block erasable non-volatile memory that is the main memory of the system "

In the not to distant future we are going to be discussing the claims construction for 737 and 170 considered for the current cases....and if they are seeking the prior considerations in light of the re-exam considered of 737.

Nothing is proven unless we move to a trial after Markman. For the language adopted by the court...such as the CO ruling on the "sole memory" issue....its debatable and appeal able of what the court adopts.

Thing about the CO ruling...e.Digital intervened and stopped the balance of the rulings...with that, I don't know if it's appeal able or not as the court can not be held fully responsible.

anyway...FWIW

doni