e.Digital

ORDER: Plaintiff’s request to be relieved from the stay with regard to further discovery is
GRANTED, but the effect of the order is stayed for 21 days. If during the 21 day
period counsel enter into an agreement with regard to how they might take an
appeal from a construction determination, the Court will reconsider this
determination that discovery go forward.

EDIG won their request to be relieved from the discovery stay. We'll find out this week if the parties reached an agreement on how they would appeal a claim construction ruling. If no agreement is reached, then discovery goes forward. This is something EDIG/DM want so I'm wondering why would they be willing to reach an agreement. Is this ruling an advantage for EDIG in the 'agreement reaching' process since discovery goes forward if no agreement is reached?

Gil? ronran? Sure wish LL were around to answer these kind of questions.