You do see as I do ?
RAM is still a problem for 774 until the legal system identifies with the re-exam amendment of 774.
Thing is, the appeal is more about the CE judges considerations and his reasons for invoking his CE ruling. With that, the appeal of CE is more about his considerations and it holds 774 issues, as I see, hostage.
With that, if the appeal is dis-positive to e.Digital, the RAM issue is stuck in limbo. For that condition, even though the other patents can stand on their own merits....defendants are going to form claims construction around each of them to that of the status of 774.... limbo...and NO RAM. The story then gets very cumbersome to convey to others, such as a jury. e.Digital can go to trial if they wish, the Markman ruling is not the end... no matter what language is adopted by the court claims construction ruling.
That is what is happening to 737 now and what SNDK was waiting on for the March Markman hearing and ruling....SNDK might have beat the time frame of the appeal and come out on top...now they have to wait the outcome of the appeal.
Anyway, that's were I'm at .. IMVHO, It's paramount that the appeal be positive to e.Digital....and 774 not be stuck in limbo.
doni
