e.Digital Corporation (fka EDIG)

[heybrad]

the content does speak volumes so I will reiterate that the reexam did nothing to stomp on or negate or diminish the markman ruling as is and has being speculated a lot. RAM has never been mentioned in the claims of the patent 774 nor is it there in the reexam of 774. Microcontroller was added to 2 of the claims but it has always been in the description and I believe the diargam. The markamn judge even brought this up during the hearing as did edig I believe so she new when making her ruling. Microprocessor has been in many of the claims forever but a microprocessor doesn't have embedded or doesn't need embedded RAM.

Even though the microcontroller has a minimal amount of RAM edig has claimed for patent 774 that they use flash as RAM.

Also the main markman ruling was that no ram could be used in storing the processed sound electrical signals. If you read patent 445 or 108 they or one of them specifically claim they overcome BAN because they use flash to store the data when it's being rewritten etc. Edig criticizes BAN for needing to use some ram even though ban also uses flash as ram and edig heralds itself by not needing any ram . Of course that's a different patent than 774 but how many times have we been told elelemtns of 445 and 108 are present in the device that was demoed to the examiner to sell the 774 patent.

Edig has a huge hole to dig out of and I don't think the microcontroller can help. Again it uses only a small amount of ram and edigs claim is they use flash as ram and I believe no ram at all. Of course now theyh will have to argue they use some ram and once again citing the microcontroller but the prosecution history is gonna be hard to overcome again and that's even if RAM is looked at again. The new judge might just let stand the Colorado judges markman. We will see.