AAPL filed suit ie the INFRINGER and for this reason alone, there are NO parallels, regardless of the Markman.

1) Judge invalidated 1/3rd BRST claims - their most potent claims central to the litigation, reducing BRST potentcy for claims to maybe 25% of it's potential.

but you already explained that one:

That one was a travesty won by AAPL by pure guile, misinformation, information overload and fact-shifting to the judge...end result, She disallowed on 1/3 of the major patents AAPL was attacking.

http://www.agoracom.com/ir/patriot/messages/651609#message

Do you see that happening here?

Be well