e.Digital

"In Markman, the Court held that judges, not juries, would evaluate and decide the meaning of the words used in patent claims. Judges were to look at four sources for definitions in order of priority: The written description accompanying the patent claims is most relevant; The documentation of the history of the patent as it went through the application; Standard dictionaries of English; Finally, if all else fails, expert testimony from experts "skilled in the art" at issue." This is the basis of the hearing, to determine the definitions of the words in the applicable patent. As pointed out by someone else on this board, a lot will come down to the memory questions that the defendants brought up. Remember also the determination of the court is not all or none but it can modify the interpetations. This ruling can also be presented in further lawsuits. So it is important if we do go to the Hearing,we win and win it big. Sandisk if memory serves me correctly involves the procedure of negotiation proir to lawsuit.