"Therefore, neither the discussion of this issue in Defendants’ Reply, nor Exhibits 4and 5 constitute new matter."
FWIW...IMVHO...
Sure it does, you want the appeals process, e.Digital vs Huawei, already underway, a conditioned process of a separate case from yours, detailed and highlighted in your briefings and explained as not new matter. Such as, all the language entered explaining the developments of the e.Digital vs Huawei appeal, then culminating to "4 The Federal Circuit granted Plaintiff’s motion on December 9, 2013....
You(O'Shea..lol) note:
"Defendants recognize that this Court does not have jurisdiction over the pending Huawei appeal, and Defendants are not seeking any relief from this Court in connection with that appeal."
Yet, you want non associated matters of that appeal entered into your briefings and, some how considered to be not new matter?....lol
This consolidating case issues of separate cases is for the birds....things tend to blur between the cases.
The consolidating of separate case matter, for the sake of judicial efficiency, should not allow O'Shea to exemplify consolidation as he is.
Anyway, we wait for the judge to consider
doni
