They can do exactly as they did .....set a threshold of FlashR....and go for the same claims construction they proposed. See what the next judge comes up with regarding the published issues.... while taking a chance at a complementing proposed consideration ...where perhaps the re-exam might intersect.

The Markman hearing...IMO...was a joke issue.

The only thing wrong with the court rendering....is its item 1 descriptor of the published phrase...."received processed sound electrical signals"

A flash memory module which operates as sole memory of the received processed sound electrical signals ------->(state Analog not processed per court consideration [1])

Court rendering......[1]"The phrase “received processed sound electrical signals” refers to the electrical signals that have been generated by the microphone and passed through the amplifier and gain control circuits, but have yet to be converted by the CODEC."

That condition would be normal regarding up front analog issues then moving to digital conceptions, however, received processed sound electrical signals....relates to the "flash memory" and storage....and is a post condition of both analog and digital processes saved to storage, "which operates as sole memory" for both instances.

The court with its "(as applicable)" consideration and "not RAM or any other memory system"....which I see as two separate issues, one digital, the other analog.... kind of brings things back on track..for the "flash memory" consideration.....even though sole is distinguished in another place with a different word of the same meaning.

I see two main conditions as they relate to courts "only flash memory" contension.

"not RAM or any other memory system" ....being a condition of the analog issues...

"while engaging the CODEC, DSP (as applicable)" .....being a condition of the digital issues.

At minimum, if you chose to want to read the worst into it, the court sided with analog conditions on "flash memory" ......by distinguishing..."not RAM or any other memory system" ....I feel this is FlashR.

If you like, you could equate the issue from the defendants prospective and wants ..."the device use only recording medium, not RAM or any other memory system,"....being more or less what they wanted and phrased in their claims construction. The "(as applicable)" consideration would be a problem though relating DSP(compression) and such to recording medium(analog memory)

[2]the device use only flash memory, not RAM or any other memory system, while engaging the CODEC, DSP (as applicable), and memory control functions, as well as storing the fully-manipulated data." ....... sole = only

Whatever, it didn't mean much to the plaintiff or defendants....they each know the score to settle. The defendants claims construction, regarding the raised issues, is very telling of what they know and what they were after.

There is a risk to each side if the judge renders on 737...and may or may not give the court a better insight....It would have to consider the balance of the published phrase as it relates to the "Flash memory' and 774 that it did not previously consider... as well as the "recording medium" of 774 which was not in question by e.Digital, however it has the "digital information" consideration to evaluate and compare. Some where, the judge would have to find the relationship between 747 and 737 in the 747claims and IMVHO, it's there.

memory option 1 for claim 19...a receiving socket electrically coupled to the memory control circuitry and configured for electrical coupling with a recording medium which is capable of retaining recorded digital information for storage;
two distinct issues, one a given, because of the type memory(analog)....the other spelled out. A common place analog representation managed with digital info.

memory option 2 for claims 1 and 19 ...a flash memory module which operates as sole memory of the received processed sound electrical signals and is capable of retaining recorded digital information for storage in nonvolatile form;
again ....two distinct issues and both spelled out. A pair of common place analog/digital representations managed with digital info.....on a "sole" memory

For both memory considerations -------->digital information represents Digital management information for : memory quality issues Claim 5 of the ‘737 Patent .

FWIW....

doni