Replies to post #82194 on 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.

[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.