With that, these 108 claim 1 cases are being prosecuted in the face of the appeal...highlighting claim term (b) of claim 1, very much a RAM issue. Which is the very issue that the CO claims construction ruling was all hinged on regarding the sole memory language.....friggen RAM.

The cases are settling in the face of it.

Every case is noticed to Judge DMS

Typical notice:

"NOTICE OF RELATED CASE(S) by e.Digital Corporation of case(s) 12−cv−02543−DMS−WVG. Proposed Low Number Order prepared. (knb) (Entered: 12/05/2013)"

DMS then declines:

"ORDER Declining Transfer Pursuant to Low−Number Rule (Local Rule 40.1) filed by e.Digital Corporation. See Case No. 13CV2893. Signed by Judge Dana M. Sabraw on 12/11/2013.(yeb) (Entered: 12/30/2013)"

Where it is then transferred:

"ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Marilyn L. Huff and Magistrate Judge Bernard G. Skomal for all further proceedings."

I wonder what DMS Feels of the RAM issue now, seeing these 108 cases are settling in some fashion?

He considered that the sole memory language of 774 did not change during re-exam, with that, it can not be re-litigated, as proposed by defendants, and that the addition of RAM during the re-exam did not amount to anything significant as Handal tried to expound..

The sole memory language is contained in claims of 108...for that, it was lumped into the CE ruling.

Thing is, the Judge in CO did not change the sole memory language physically either in her claims construction ruling...as the defendants wanted to physically change, or the plantiff wanted to physically change.

She, in effect, left the language the same as published and imposed meanings and capabilities on the language based on a RAM issue.

Had she had the new information now considered by the re-exam, she would have imposed different meanings and capabilities on the sole memory language.

It really is amazing how such a simple issue has strayed off so F’n far.

Our gamble now is on that lead judge of the appeal, and I feel she has done her home work with regard to the CO ruling….I could feel it. That said, don’t know how that will translate to the other two judges.

GLTA

doni