Gil, what are you talking about? Of course the 6/28/11 Markman decision by Judge Krieger was a ruling. Besides Doc 395 being titled, "Opinion and Order Regarding Claim Construction" and it being signed by a district judge, this sentence from the last paragraph of Doc 395 proves it:

"In order to give the parties sufficient time to assess the import of this decision, the Court will grant the parties 30 days to consider how they wish to proceed in light of the ruling."

I don't understand why you are so adamant that the Markman decision wasn't a ruling by the court. It's not a gray area, it's definitely black. Just because it's not what we wanted to see doesn't change what it is.