My point was that the new MacBook Air is all flash based storage device. As such, how do you evaluate if they are infringing BEFORE you name them as a defendant? What you linked to with the pacer is discovery AFTER they have been named, to my understanding. After they are named, you can get technical answers from the defendant but before....how do you do this?????
In this particular example with the MacBook Air, is someone at DM going to reverse engineer this new laptop to see how flash is utilize to see if it infringes?
