Counsel, what's your position?
MR. COHEN: Your Honor, Eric Cohen. For the
defendants.
We have a problem because we have defendants that are
all over the world, some of whom can't be reached right now,
some of who are in Japan, some of whom are in Europe.
We can -- the terms that we put at issue, that the
defendants put at issue, because of the wide variety of
products, are very important. Each of those terms is very
important to some of the more than 300 products. Terms that we
discussed today are dispositive; if Your Honor rules in our, in
our favor, we think they're dispositive, and we think it ends
the case.
But with respect to the other terms, because some of
the defendants who are here strongly feel that they need to be
construed because of some of the hundreds of products that have
been accused and other defendants can't get ahold of their
clients to decide otherwise, but I think because some
defendants need all of these claims construed, we must say at
this time that all of them need to be construed as far as the
defendants are concerned.
THE COURT: I understand, then, you would like me to
construe all of these terms except in one circumstance and that
is that if the Court construes the terms that have been the
subject of this hearing in favor of the defendants, correct?
MR. COHEN: Yes, Your Honor.
THE COURT: Okay.
Thank you very much for your argument. Your
presentation of counsel -- let me start again.
Thank you, counsel, for your presentation of argument
and evidence and your briefs. The matter is submitted. I'll
be issuing a written order.
