Well the good news is that 1) TPL apparently feels there is good possibility of redefining instruction group on appeal 2) We may not have to wait for end of trial to start the appeal and 3) Only a single claim construction  hurt us as far as 584 vs ARM.  ARM has alot riding on a single construction in which the court added a restriction, that according to Alvin Despain, was " NOT REQUIRED BY THE SPECIFICATION OR THE FILE HISTORY." Opty