Great synopsis of what Judge said...
Item # 2 of you post that follows is spot on;
"2. e.Digital (Norris) should never have been granted this patent in the first place since prior art (Schroder patent) invalidates it."...
The Judge did follow that observation with her caveat, something to the effect ,that defendnats may think she is ruling as they wish, but she did not do so?!...
It is the CAVEAT that creates all sorts of problems for DM. Had the Judge stopped after her conclusion that 774 was in essence invalid, DM would have a clear shot in filing an appeal to the 10th Circuit. However, here we have a judge who has ruled Norris Patent to be invalid, and then asks the parties for briefs on the issue, if she is right in her conclusions.?...
From DM's point of view filing briefs to convince this judge that she had erred in many ways, would be nothing but a waste of time. And the issue of 774 being invalid either because of Shroder patent, or the Nakamura Patent that was abandoned, is as EXTRINSIC of evidence conjured up bu the Judge and her clerks as one can immagine...
We will see what DM says in couple of days...
GLTA...
Gil...
