It's almost as though Judge Sabrow is inviting us to appeal. As though he's pointing at the CO Markman, and saying that he's aware that the ruling may not stand, but for now he's going with it.

Handal needs to further educate the judge. In a very clear, non-confrontational and not too technical way the judge needs to be shown that the Colorado Markman is in error, that the existence of RAM is not a matter of opinion or interpretation, but of fact. Some of this teaching can be done while the '737 and other patents are being discussed.

We may have to do a formal appeal of the Markman ruling, but we need to get better at showing how and why that ruling is factually wrong.