B. Patent phrase... (1 analog)"a flash memory module which operates as sole memory of the received processed sound electrical signals and (2 digital) "is capable of retaining recorded digital nformation for storage in nonvolatile form” (Claims 1 and 19 of the ‘774)

e.Digital’s Proposed Construction: “a removable, interchangeable flash memory storage device that (1) is the only removable memory storage device that receives for storage the processed sound electrical signals, and (2.1){e.Digital original} sole memoryof the received processed sound electrical signals:(2.2) is capable of retaining for storage digital information without the need for ongoing power support”

Defendants’ Proposed Constructions: (1) flash memory module: “a removable, interchangeable flash memory recording medium” and (2){e.Digital original} sole memoryof the received processed sound electrical signals: “the only memory of the received processed sound electrical signals, without another memory system such as RAM”

For the original patented phrase and, e.Digitals proposed construction...it was after what was essentially patented.... two separate issues...analog and digital.

For the defendants construction....it wants the court to recognize one issue.

The court more sided with e.Digital...though most do not see it that way....including the court....That said, the court ruled with an (as applicable) condition in recognizing both issues of use. However, it failed to recognize the (as applicable) condition for all three points of it's ruling.

In doing that, the court has more narrowly construed 774 than proposed and previously patented.

The court recognizes ....

Courts Proposal: identifying the core issue for this case: sole memory of the received processed sound electrical signals....she is only concerned with this issue....with that, is only considering half of the published claim.

Courts construction (1 analog ) "a flash memory module which operates as sole memory of the received processed sound electrical signals"

The court is not considering the other half....(2 digital) "is capable of retaining recorded digital nformation for storage in nonvolatile form”

We are now at 737 for the digital considerations of the court.

doni