I will assume you are indeed referring to the Markman results, and will further assume you are referring to footnote 23. It it the basis for the plaintiffs argument which apparently is something Judge Ward stated.

The footnote is there for infromation purposes only. Judge Ware refused to add right justification limitiation to the 749.

<However, unlike Claim 29 of the ‘584 Patent, Claim 1 of the ‘749 Patent does not contain such phrases. Thus, the Court does not find Judge Ward’s construction pertinent. Because the Court finds that the language of the claim has been used with its plain and ordinary meaning, the Court declines to further construe it. (23)>

If that is not what you were referring to, please clarify.

Opty