Fellow longs, it isn't good for us...I'm speechless. The entire Doc 395 is uploaded to box.net.
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Accordingly, the Court concludes that the proper construction of the phrase “a flash memory module which operates as sole memory of the received processed sound electrical signals” is best addressed in two parts. The phrase “received processed sound electrical signals” refers to the electrical signals that have been generated by the microphone and passed through the amplifier and gain control circuits, but have yet to be converted by the CODEC. The remainder of the disputed language requires that the device use only flash memory, not RAM or any other memory system, while engaging the CODEC, DSP (as applicable), and memory control functions, as well as storing the fully-manipulated data.
As noted previously, the parties essentially agreed that a construction of the disputed language in the Defendants’ favor would likely be case-dispositive. Although the Court’s construction is not precisely aligned with that urged by the Defendants, the Court recognizes that it is nevertheless likely to have that effect. In order to give the parties sufficient time to assess the import of this decision, the Court will grant the parties 30 days to consider how they wish to proceed in light of the ruling. All pending deadlines in this action shall be continued for a period of 30 days. At or before the conclusion of the 30-day period, the parties shall file a joint statement addressing what issues, if any, remain to be addressed.
Dated this 28th day of June, 2011.
