"I would agree, so I don't see how it would be possible for the defendants to take the CE into account when responding to the motion."

"responding to the motion." ? you mean the motion to extend time to kick things around?

The CE appeal is not in their thought process,,, yet...but it will be after their DD is completed. IMVHO the defense teams, old and new, are passing information around like candy. Newbie's will come up to speed as they say. If the issues proceed to settlement talks defendants have some added leverage... along with the typical claims construction considerations...to pay less....unless 108 is cut free of the appeal as it should have not been included in the CE ruling.

But thats ok with me if e.Digital deems the 108 CE issue not be resolved prior to settlements with the current flock. 774 CE outcome aside, 108 is tied to the CE ruling physically, because of what the judge considered of 108...it's leverage to the defendants in settlement negotiations as a.... what if ...

e.Digital consideration, 108 will be cut free...defendants consideration, may be, maybe not....lets sleep on it for 2 months...but then, no, that may be to close to a CE resolution ..lets sleep on it for 30 days.

doni