"I would expect the defense to make mention of prior art in the appropriate future filings if that is a defense they plan to pursue." Very possible and probable, problem being that according to the IP attorney I spoke with, responses to discovery are not posted via Pacer, so we may not know how our legal team replied. We just need to understand this so that we don’t begin to speculate as to whether or not we have a defense. If the defendants mention prior art and we see it in the docs, and our response to discovery is not posted, than I am sure that the fudsters will be beating us down as much as possible….at least you know our friend Dr. D will be. LOL I wish I could have wrote everything down that the attorney told me. He went through a couple different scenarios where everything could be disclosed during the Markman, but he said that it was not likely. Again, maybe Ron can help here. He spoke fast and he normally charges $450/hour, so I didn’t want to take advantage of his free time, because we are work acquaintances, not best friends. Not that I want to take advantage of Ron’s free time either, he is worth the same amount if not more. Anyways, just my 2 cents. Good luck BaNosser, and I hope the family of your friend is doing well, or as best as possible considering the circumstances! GLTAL