The Court concludes there is reason to grant a motion for reconsideration. After
reviewing its Claim Construction Order, the parties‟ briefing, and the
intrinsic record, the Court is convinced that it erred in its original
construction of the term "phase differential," which in turn erroneously
narrowed the scope of the related claim terms.

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ORDER
Before the Court is the Parties' Joint Motion to Resolve Wi-LAN's Motion to
Strike
Defendants' Jury Demand. After careful consideration, the Parties' Joint Motion
to Resolve Wi-
LAN's Motion to Strike Defendants' Jury Demand is granted.
It is therefore ORDERED that:
1. Wi-LAN`s Motion to Strike Defendants' Jury Demand [Dkt. No. 922] is
withdrawn and rendered moot.
2. All of Defendants' counterclaims and affirmative defenses will be tried in a
bench
trial at a time convenient for the Court, except that the non-infringement and
invalidity
counterclaims and the following affirmative defenses will remain to be tried to
the jury:
i. Patent Exhaustion;
ii. First Sale;
iii. Double Recovery;
iv. Full Compensation;
v. Marking; and
vi. Licensed, expressly;
2
3. Defendants' affirmative defenses of laches, unclean hands, and implied
license
shall be tried in the following manner:





ORDER
The Court GRANTS-in-part the Joint Motion for Continuance of Trial, (Dkt. No.
985), and issues the following trial schedule and procedure for the abovestyled
case. Jury selection is set for 9:00 a.m. on January 21, 2011. Preliminary Jury
Instructions and Opening Statements will begin at 8:30 a.m. on February 2, 2011.
Evidence will commence immediately following Opening Statements. The Court will
be in session from 8:30 a.m. to 5:30 p.m. each day until the completion of
trial.
Plaintiff is responsible for having Jury notebooks ready for a ten person Jury,
plus two additional copies for the Court, at the commencement of Preliminary
Instructions. These notebooks should contain the Court's definitions of terms
and phrases as indicated by the Court's most recent Order, the patents-in-suit,
and other matters agreed to by all parties. The Court will not entertain
requests for other matters to be included in the notebooks unless it is agreed
to by all parties. The Court will entertain other motions regarding trial
procedure covering matters such as disclosure of order of witnesses, identity of
demonstrative exhibits, and other issues—
provided the motions are agreed to by all the parties.
It is so ORDERED.______________________________________________