e.Digital

No, I don't believe her ruling violated any law but I'm hoping her opinion was just plain wrong based on the evidence. That's why she was reversed in the Phillips case...because the appellate court's opinion was different than hers, and trumped hers.

Remember, Doc 395 is titled, "Opinion and Order Regarding Claim Construction". Judge Krieger gave her opinion on "a flash memory module..." with respect to our '774 patent, then issued a written order based on that opinion. If her opinion was incorrect in the view of the appellate court, they will remand it back to the district court and we are back in the game.

IMO, Judge Krieger put too much weight on the patent prosecution history and not enough of what's written inside the 4 corners of the patent.