e.Digital Corporation (fka EDIG)

[Cassandra]

... the last case was never fully litigated because the intfringers choose to settle rather than risk losing.

The exact opposite is true. After the dispositive Markman ruling, e.Digital dismissed all of the remaining defendants that had not settled because it was obvious that they would prevail on summary judgment. According to e.Digital's response to the motion to apply collateral estoppel filed today, the CO court did not approve any financial settlements following the Markman ruling.

Although you keep asserting that the previous Markman ruling can't be brought into the remaining CA lawsuits because the defendants in the previous case either settled or were dismissed, that is not true. In fact, e.Digital acknowledges the possibility and ends its response by asking that if the court is inclined to grant the defendants' motion, that the decision regarding collateral estoppel be delayed until after a claim construction process. That request looks to me as though e.Digital wants the defendant's to face the additional cost of claim constructions in order to induce settlements bar below the cost of defense.