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Message: It is important

to keep in mind that we may lose a patent in the Markman and win others. I believe we will win at least one and possibly lose one. I am hopeful the remaining 2 out of 4 patents will fall on our side.

The "non-controllable" term for the 336 (clocking via ring oscillator) seems to be the most important term for all related terms and arguments to the 336. "Based on temperature, voltage and process" (forget exact words) is important but I'm not sure is a deal breaker and I don't believe anything truly was disavowed by TPL. My layman opinion, of course, and Leckrone's opinion, I believe, relate to the 336. PLLs and VCOs also play a roll in this.

The "right justified" portion is back in play for the 749 (related to the 584). Who knows what will happen with this but I think this one is an uphill battle. My layman opinion of course. Granted, "right justified" is not a disputed term, rest assured the T3 bring it up throughout their argument.

The 148 - I have no idea.

The 890 - I'm hoping a "DMA CPU" is considered a DMA controller and the strict argument that the T3 is asserting regarding having the main CPU assist with memory access is not granted.

Remember, we could win the 336 and lose all others and still be in very good shape. I have no idea as to the outcome. Another telling sign about which terms (implies patents) each party believes is the hardest is by reading their proposed claim constructions. It appears TPL is most concerned with the 749 (584) for obvious reasons given Ward's adverse opinion in Texas. It is the first term they address and they go into greater detail than other terms IMO. The T3 are most concerned about the 336 and I am fairly certain about that. They write about 8 pages worth of arguments.

FWIW (and it ain't much), I've read many of the cases cited in the claim construction briefs, the Non-Controllable and Based on Temperature, Voltage and Process" comment by the examiner in the "general summary" and supporting documents on PAIR. I've probably read the claim construction briefs several times each. It ain't easy reading for sure.

And after all that the above is worth about the time it took for anyone to have read this post. Happy Friday!

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