So now in my continued attempt to try to stick to the topic, please allow me to make another observation.
I believe in this most recent E* filing before the DE court, E* made a concession, in exchange for an agreement from the DE judge.
The concession is, if the TX judge should find E*'s new design only colorably different, meaning the design around is not so successful, E* will agree this new DE case will be moot. This is the same as saying E* will likely drop this new DE case.
But if the TX judge should find E*'s new design more than colorably different, then this new case should kick in, and then, E* argues that this new case should stay in the DE court.
But the DE judge's decision whether to transfer this new case should be delayed, until the TX judge makes his ruling. Because if the TX judge finds the earlier not the latter, E* will drop this new case.
Logic says the DE judge should not waste time to make a decision until we know if this new case is moot or not, and that will not happen until the TX judge makes his ruling known.
I again like to point out that the above E*'s argument supported my two speculations from a long time ago:
1) E* filed this new case in preparation for the event that E* is successful in its design around effort;
2) E* is confident that their design around is successful, and they should be, as I have reasoned over and over why the design around was a success.
