Good post, SGE.

The fact that they changed a single word in claim 5 of ‘737 and then added it to the complaint was always of some interest/curiosity to me. It appears that this is the one hope left after the judge essentially declared ‘774 to be garbage.

What happens if the judge doesn’t rule on anything (in the context of ‘737)? Why didn’t they ask for construction of the other terms in ‘737 such as "memory test"? Can they go forward to trial without a Markman ruling that governs any of the ‘737 claim terms? Does everything just default to the "plain and ordinary meaning" and then they argue those terms out in front of a jury? Is that what DM wants?

These are just random questions... I’ve given up trying to determine DM’s reasoning on anything beyond the obvious.

- Sinkman