"One thing I learned from these jurors is that they were divided in many important issues during deliberation, including "generate", "the other", term 18 as a whole (the reason they asked judge about those was they were divided.)". ------- thank you, Nano. And the addition of jury instruction/amended claim construction #18 right before the trial began, which was allowed by Judge Grewal against our motion to prevent the inclusion due to the review of Judge Gildea's ID at the ITC by Judge Grewal who considered the ITC ID persuasive authority to allow the inclusion of the "entire oscillator does not use the external crystal to generate the CPU clock signal." We argued against the inclusion because HTC was getting a second chance to rewrite the claim construction and HTC won. I believe because of the inclusion of instruction #18 the Markmans essentially converged between the NDoC and ITC. I believe we lost the majority of out claim construction advantage at the NDoC because of the inclusion and we still won. So essentially Judge Gildea considered the same arguments and sided with the big companies. I keep going back to this #18 point because I think it is very important. The question becomes in my opinion, and hopefully this would factor into the Commissions ruling, would the CAFC (appelate court) weigh the jury verdict more heavily if we can show during the review that the chips at issue at the ITC have PLLs and are essentially the "same" as the HTC chip families if the Commission rules against us? Judicial efficiency would hopefully play a part in the ruling, meaning the likely hood that the CAFC would rule in our favor anyway would hopefully help the Commission end this now so it doesn't go back to the ITC after a possible CAFC appealate victory. A jury verdict of 9 people unanimously deciding should have more weight than a single Judge. The ITC doesn't even use a tribunal, iy is one person who has been reversed at least a couple tumes by the Commission if I remember correctly. For all intents and purposes the same arguments were made (especially after the inclusion of #18) betweenthe two venues and hopefully we win at the Commission. Lastly, open the government! I am a registered republican and I don't give a darn about Obamacare asI will never use it. Open the darn government and don't tie that garbage law to this. NO ONE CARES! What does healthcare have to do with the ITC? Oops...I opened the can ... Lol... Ramblig post from my phone.
