From Doc 34 ,

Thus, the explicit introduction of RAM on reexamination requires new consideration of the very heart of Judge Krieger’s analysis. Judge Krieger, however, simply did not have this reexamination history and therefore could not have considered it in making her determinations – something that this court has the obligation to do if it undertakes to construe the claims. Accordingly, the Defendants’ Motion must be denied since new claims, reexamination history and other evidence now exists that Judge Krieger did not have the opportunity to consider when she construed the terms of old claims 1 and 19.