"Perplexing how we let this slide."

emit, they did not let it slide...it's a victim of the AIA / IPR process involving prior art challenges...

Even though 108 has proven worthy in the civil system with claims construction it must get past the IPR before claim issues can be fully considered.

From the PTAB site: To date only four IPRs have been requested RE:108....Note the dates

IPR2014-01429..... 8/29/2014 11/24/2014 5839108 08884245 Intel Corporation
IPR2014-01430..... 8/29/2014 11/24/2014 5839108 08884245 Intel Corporation
IPR2015-00519....12/31/2014 6/8/2015 5839108 08884245 Micron Technology, Inc.
IPR2015-01120..... 4/28/2015 8/19/2015 5839108 08884245 Microsemi Corportion

From the USPTO 108 transaction history : .108 is being re-challenged at the owners request, most likely for prior art issues. Note that the last entry to the docket was 06-08-2015 Microns IPR termination.

MicroSemi 8/19/2015 termination issues were never entered/updated to the USPTO 108 transaction history...as well as other Intel issues not updated

Items09-08-2014 Petition Requesting Trial and 06-06-2015 Case Docketed to Examiner in GAU , IMO, are ongoing issues @ the request of patent owner and are taking place under wraps.

Date Transaction Description
06-08-2015 Termination or Final Written Decision (Micron)
06-06-2015 Case Docketed to Examiner in GAU
12-31-2014 Petition Requesting Trial (Micron)
11-24-2014 Termination or Final Written Decision (Intel)
11-24-2014 Termination or Final Written Decision (Intel)
10-30-2014 Change in Power of Attorney (May Include Associate POA)
10-30-2014 Correspondence Address Change
09-08-2014 Petition Requesting Trial (Request made after reading Intel's initial petitions)
04-11-2014 Mail-Petition Decision - Granted
04-11-2014 Petition Decision - Granted
04-11-2014 Mail-Petition Decision - Granted
04-11-2014 Petition Decision - Granted
04-11-2014 ENTITY STATUS SET TO UNDISCOUNTED (INITIAL DEFAULT SETTING OR STATUS CHANGE)
04-09-2014 Petition Entered Intel (Initial petition was re filed and not entered to Transaction history 8-29-2014 see civil case for details)
04-09-2014 Petition Entered Intel (Initial petition was re filed and not entered to Transaction history 8-29-2014 see civil case for details)
09-05-2007 Post Issue Communication - Certificate of Correction
11-19-1998 Recordation of Patent Grant Mailed

There's nothing "Perplexing" about it .....it's the AIA getting in the way of e.Digitals prior patents.

doni