a Markman hearing/ruling is to establish language beyond the patent language that will be utilized at trial.
the defendants put forth their language(construction) they would consider..
the plaintiff put forth their language(construction) they consider.
The judge at the Markman hearing decides what language to adopt...the plaintiffs or the defendants....
The judge adopted for neither party in the Colorado case...and put forth its own considerations..
That consideration is what the current defendants want to have adopted into their respective cases.
doni
