From Pacer filing by Toshiba in Feb.

"During the time before the filing of U.S. Patent Application No.071389,334 (the "Application"), divisions of which issued as the Asserted Patents, Mr. Moore worked on designing the microprocessor discussed in the Application. Mr. Fish, however,
worked on marketing that microprocessor. Mr. Fish was not concerned about the problems addressed by the microprocessor design disclosed in the Application.
e. Mr. Moore did all the design work on the microprocessor disclosed in the Application by himself.
f. None of the persons substantially involved in the prosecution of the Application, including Mr. Moore and Mr. Fish, disclosed to the patent office that Mr. Moore had performed all of the design work on the disclosed microprocessor himself.
g. Mr. Moore and Mr. Fish submitted declarations signed under oath stating that Mr. Fish was an inventor of the subject matter claimed in the Application.
h. Mr. Fish did none of the design work on the disclosed
microprocessor. Mr. Fish was only responsible for marketing and potential sales of the microprocessor.
i. Mr. Fish was not an inventor of the subject matter claimed in the Application.
j. The misstatements made by both Mr. Moore and Mr. Fish that Mr.
Fish was an inventor were material.
k. Mr. Moore was motivated to state that Mr. Fish was an inventor
because he wanted to convince Mr. Fish to make every effort to market the microprocessor that Mr. Moore had designed.
l. Mr.Fish was motivated to claim inventorship both to receive a
share of any patent rights that might result fkom the Application and for the recognition of being an inventor.
m. At least Mr. Moore was aware that Mr. Fish was not an inventor
and intended to deceive the patent office when he declared under penalty of perjury that Mr. Fish was an inventor."

Isn't it ironic that the J2 want to use the Higgins testomony, the same testomony that we where going to use to claim Fish was the inventor.
What is up with that? Somebody has to be talking to the J2. Higgins or Fish? I am afraid I have more questions than answers! In any event this is dangerous area for the J2.If someone is talking they are breaking a previous comittment