Josh Goldberg On April 1, 2016, in response to comments received on proposed rules released Aug. 20, 2015,

Seems Purcell / Handal / Mary....were aware of the " new strategic considerations" and the so called improvemnet to the AIA.

"" These amendments, in the form of final rules, become effective on May 2, 2016, and apply to “all AIA petitions filed on or after the effective date and to any ongoing AIA preliminary proceeding or trial before the Office.” ""

e.Digital is now past the preliminary response proceeding.

"The new rules make only a few changes to the existing rules. Here are the major changes:

Allows the patent owner to submit new testimonial evidence in support of the preliminary response.

This change creates some new strategic considerations for the patent owner as it may not always be advantageous to submit an expert declaration with the preliminary response.

It may be more strategic to wait and see the institution decision by the Patent Trial and Appeal Board (the Board) before the patent owner locks in its witness’ testimony.

This allows the patent owner to craft their post-institution case based on the Board’s concerns. It also preserves some new evidence for the post-institution trial.

If the same three judges are looking at the exact same evidence and arguments pre- and post-institution, it is difficult to see what will change their minds in the trial phase regarding the patentability of the claims."

As I read the above....whats the advantage of that so called "major change" allowing "new testimonial evidence in support of the preliminary response"?

Just so the board understands....e.Digital entered testimonial evidence (Scott.M.Nettles)