"Should have Just partnered with edig to begin with."

Depends on when GoPro was approached by e.Digial.

If there were prior talks before filing a case....GoPro might have laughed. "e.Digital is threatening us with a 737 law suit and it has a dis-positive claims construction of 774?

“Take us to court...”

From our prospective, not being privy to any talks between e.Digital and GoPro, it started with GoPro when the csae was filed Dec 5, 2012.

The rest is history...

GoPro felt positive of the Markman ruling of 774

GoPro felt confident after the CE ruling…. further reinforcing the Markman ruling…further locking up 108.

GoPro felt somewhat confident when 774 was dismissed with stipulations.

GoPro felt less confident after the CE appeal...knowing that 108 is now set free to be re-litigated on its own merits. GoPro is now analyzing its position to settle 737 subsequent the appeal ruling.

GoPro has got to be feeling even less confident knowing the recent claims construction order of 108 was positive for e.Digital and what that represents. 108 claims are equally important to the claims of 774...oops.... will e.Digital revisit GoPro for 108?

IMO, GoPro was going with what it felt was initially positive...the tide simply changed and caught them off guard.

IMO, all of the defendants, post Markman, were going with what was analyzed of e.Digital, that being positive conditions in their favor….

If e.Digital approached with an extended hand, they all laughed at e.Digital knowing e.Digitals circumstances.

Perhaps that will now change...

doni