e.Digital Corporation (fka EDIG)

[heybrad]

Neverending I disagree. Six cases were dismissed I think most of them after the markman. There is a legal clause somewhere I read regarding this that claimed dismissed cases weren't considered legally litigated and we have also seen cases where it has been allowed. Even edig management was under the understanding the markman is good for future cases.

So can you say without a doubt that apple or any other defendant can't specifically chose one of the cases dismissed and use the markman ruling. Can you say the entire case of 19 Colorado was litigated to satisfy the element you raise.

I do agree though that lawyers tend to throw out stuff and see what sticks. But it's kinda funny because I read here all the time how lawyers never do things like file if they didn't feel they had a good chance. I guess arguments are made contradictory at times to what was argued before.