Check out page 195 of Doc 374 (MH transcript). The only claim terms that were the subject of the hearing were the 2 key claims. Plaintiff said they would be satisfied to have the 6 non-key terms given their plain and ordinary meaning and not be construed. Defendants said they only want the 6 non-key terms construed if the 2 key terms go against them.

THE COURT: I understand, then, you would like me to

construe all of these terms except in one circumstance and that

is that if the Court construes the terms that have been the

subject of this hearing in favor of the defendants, correct?

MR. COHEN: Yes, Your Honor.

THE COURT: Okay.