At Markman ruling all the claims granted based on Phillips case law !!!
in response to
by
posted on
Apr 09, 2011 10:50AM
This is the final Markman ruling between plaintiff, OPTi Inc,vs
Apple defendant. As you appreciate in following PDF file
, all of the claims construction in regard to cache memory ,
DRAM , transferdata "Bus Master " agreed by the court
in favor of OPTi Inc on principal basis of claim construction
announced by the Federal Circuit particularly thePhillips v.AWH case law.
I hope we will get the same conclusion for e.DIGITAL
claims construction base on above case law that has
been alreadyemphasized and pointed to the
judge during Markman Hearing. The similarity of this
case with e.DIGITAL in view of Phillips case law with
affirmation of federal circuit is amazing. JMHO
Counsel for the plaintiff in the OPTi Inc. v. Apple, Inc. case filed the following December 3, 2008: Per this Court’s November 26, 2008 oral decision after hearing argument on all claim construction issues, the parties hereby submit the attached proposed order pursuant to the Court’s request. The proposed Claim Construction Order states in its introduction: This case came before the Court on November 26, 2008 for hearing on all claim construction issues pursuant to the Docket Control Order in this matter. The Court has reviewed the briefs of the parties and the argument had in open Court. Having carefully considered the parties arguments, the language of the claims in light of the specification and the pertinent portions of the prosecution history, and having evaluated the disputed claim terms in light of the principles of claim announced by the Federal Circuit, particularly as set forth in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), the Court rules as set forth below as to the claim terms in dispute between the parties and enters as its order the claim constructions agreed to by the parties.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
OPTi Inc. )
)
Plaintiff, )
v. ) Civil Action No. 2:07CV021(TJW)
)
Apple, Inc. )
)
Defendant. )
CLAIM CONSTRUCTION ORDER
This case came before the Court on November 26, 2008 for hearing on all claim construction issues pursuant to the Docket Control Order in this matter. The Court has reviewed the briefs of the parties and the argument had in open Court. Having carefully considered the parties arguments, the language of the claims in light of the specification and the pertinent portions of the prosecution history, and having evaluated the disputed claim terms in light of the principles of claim announced by the Federal Circuit, particularly as set forth in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), the Court rules as set forth below as to the claim terms in dispute between the parties and enters as its order the claim constructions agreed to by the parties.
OPTi v. Apple Claim Construction Order