e.Digital Corporation (fka EDIG)

[Cassandra]

Do you know what de-novo really means?

Yes, I do. In law, a "trial de novo" is a form of appeal in which the appeals court holds a trial as if no prior trial had been held. However, I don't know what relevance the term has to the current discussion.

Are you still making this erroneous argument? http://investorshub.advfn.com/boards/read_msg.aspx?message_id=76510704

When the Federal Circuit hears an appeal of a Markman ruling, it does it de novo although it will not consider arguments and claim constructions not considered by the trial court. However, because e.Digital dismissed the remaining defendants after the Colorado Markman ruling, there was no right to an appeal.

If e.Digital wanted to appeal they would have let the defendants file for summary judgment of non-infringement, which would have been granted, and then file an appeal with the Federal Circuit.

Apparently that ruling caused Duane Morris to be unwilling to file any more infringement action regarding e.Digital's Flash-related patents.