What if the current Calif case decides through its Markman hearing that the construction is different that that of the Texas case? Seems likely since we now have the USPTO to refute the Texas construction. Would the Calif court construe the critical terms the same as the Texas court, even though the reexam clearly indicated that there was nothing in the file that would allow the patent owner to specify right justification?

Assuming it is a different construction than EDofT, what then? My assumption would be that the other party would appeal the Markman to the Fed Court of Appeals.

Assuming Fed Court of Appeals does not overturn it, Then what? Hmmmmmmm

And how would that impact ARM? Hmmmmmm

Opty