RE: 737....
What will be interesting is ...737 will go through a claims construction process, and then a possible Markman hearing....
A ....will have to be decided.....if these issue are still considered by the defendants "that is the main memory of the system "
Can the current defendants go after that phrase...in light of the re-exams ?
Here are the issues of A undecided in Colorado.....
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A. “flash memory” (Claims 1, 2 and 19 of the ‘774 Patent and Claim 5 of the ‘737 Patent)
e.Digital’s Proposed Construction: "block erasable non-volatile memory"
Defendants’ Proposed Construction: "block erasable non-volatile memory that is the main memory of the system "
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Question: If the judge has decided that CE is granted to defendants in light of item B the, "sole memory limitation" which he highlighted: "The Court finds the elements of issue preclusion are met and preclude e.Digital from relitigating construction of the sole memory limitation in claims 33 and 34 of the '774 patent and claims 2 and 5 of the '108 patent.".... the only issue considered in Colorado case, would defendants have to be tied to the full claims construction issues of item A ?
By full details, item A is not only about 737.....774 is part of item A and that issue was not litigated.
Thing is, SP insists that issues the defendants raised have nothing to do with the Markman ruling....and a "preclusion" seems to be at the heart of the judges decision.
In any event, claims construction is part of the process and 737 has not had its day yet in that respect.
doni
