Please Elaborate " primary memory is main memory "
Tricky...
It's not that "primary memory" is main memory. What the defendants were up to is have "Primary Memory" be construed as main memory.
The defendants wanted Primary memory construed as a single element of the full claim, as in NOR flash (a non-volatile that can be addressed by a process directly) not having to utilize the cache item (b) of claim 1., This would more associate the Primary memory as a RAM entity.
Micron argues that “primary memory” must be construed on its own and not part of the phrase in which it appears because it is a term of art necessary to understand the scope of claim 1, what the patentee disclaimed during prosecution, and the claimed invention as a whole.
RE: e.Digital argues: "Primary memory at the time of the invention was commonly associated with RAM or “main memory,” a form of volatile memory."
Primary memory is noted to be non-volatile memory...associated with a cache component also considered in the full claim.
It wouldn't matter which word was use in the construction, Primary memory or Main memory...as long as all the issues are recognized properly.
RE: e.Digital considers.."But if any construction is necessary, the Court construes “primary memory” as “main memory” without the additional limitations proposed by Micron."
limitations as in do not overlook the cache item (b) element
In other words, the cache item (b) is part of claim 1 and functions in conjunction with the "primary memory". with that, primary memory should not be construed on its own as a single self functioning element.
All that said....the court made it easy
"The Court construes primary memory in the context of the full claim limitation
and adopts the plain and ordinary meaning of the phrase as “creating the primary
memory [main memory] from a non-volatile, long-term storage medium wherein the
primary memory comprises a plurality of blocks in which data segments are stored.”
I highlight are, because the judge gave Handal, IMVHO, a bonus...however I'm not going into it, as it is allll water under the bridge now.
Good luck to you and all e.Digital investors that have endured this unreal process.
doni
