Ease:...As usual, a terrific job explaining the Markman ITC results.. Kudos.

"The Respondents' expert says that a modern day microprocessor does rely on an external source to be part of the variable speed system clock. We say it does not. What is interesting is that Judge Gildea used Judge Ward's construction for "ring oscillator." Judge Gildea spends a lot of time, and I mean a lot of pages, validating his reasoning for adopting the Respondents' proposed claim construction."

Judge Gildea accepts Respondents interpretation that current day microprocessors rely on an external source...We say Nope. Question: How difficult will it be to prove Gildea's proposed instruction is flawed?....Is it possible, MP's in the Past did not rely on an external source and Now they do??... I don't know....Sounds fishy to me..

The end Result is soon after the ITC Markman hearing concluded, the Respondnents filed a MSJ, that we know. Obviously, They think they've got the goods to throw out the case based on Gildea's agreeing with their interpretation.

The clock is running and Gildea has taken the Respondents's MSJ under consideration,, but has not made his decision whether to grant a MSJ. Otteson hasn't filed a MSJ either. Why not? Strategy???...Maybe...High stakes poker for sure. Maybe teh Judge is waiting to see how we respond to at least, give the appearance of fairness. A few weeks later our Expert files his Additional Brief. Did our Expert voice his expert opinion in this proposed Construction to invalidate the Respondents/Gildea's proposed construction Post ITC Markman??..Crucial..I don't know.

Are there other proposed constructions by Gildea whereby Otteson can claim a Significant win in "Areas" that have real teeth???? And in which Respondents have little hope of winning in Court if Gildea denies the MSJ by the Respondents and the case goes to trial??..

It appeared to me a few months ago, the ITC Attornies followed Ward's/Ware/Grewal's Constructions pretty closely and which Otteson won quite handily "9 out of 10", in Dec 2012 from Grewal, for example. IMO, if Gildea followed those Constructions, we would be in excellent shape going forward, the "External source" proposed construction by the Respondents's notwithstanding...Thoughts?..Virt