Yet again!

Why now? Beyond the obvious is my thought that with our prevailing in the Markman/Claim Constructions, I half-expect EDIG to file a Motion for Summary Judgment (MSJ). It is my understanding that such action in commonplace under circumstances like the one we enjoy.

If an MSJ is filed, my understanding is that the court will either rule that, essentially, we win OR that the MSJ is denied and the proceedings continue as if the MSJ had never been filed.

If we get a favorable MSJ ruling, the court will proceed with the remaining element - determination of damages/award.

I am not an attorney, and am wide open to correction re: the above. But this is my understanding from "the PTSC experience".

Also, I suspect the (expected) MSJ could be held back for awhile for a couple of good reasons. One of course being to provide a window of time for settlement negotiations, with the Markman result being EDIG's leverage. Another reason to hold is the fact that we are in the midst of Holidays, so even if an MSJ were filed, it probably wouldn't get any attention until next week anyway.

My apologies if this has already been addressed here.

Hopefully some of you remember me from days gone by.....

GLTAL,

SGE