I agree. For everyone to assume that our witness is infallible and the defense has no star of their own is really being short sited. This is the very reason I've never put to much faith into any thing Alliacense or the Leckrones are saying publicly. I'm well aware they are engaged in a public PR war of words with every potential infringer. Certainly there going to beat their chests and speak openly about the growing strength of the MMP, it's their job. I really believe your explaination is the most logical at this point. Like anything else it could be proven to be incorrect but it's the one, I believe, holds the most water. Everyone seems to be approaching it as if it were a defeat. I'm more compelled to believe there is strategy at play. TPL wasn't prepared to venture down that path, yet. I truly hope the USPTO gives the positive aspects of the Markman the same consideration and weight they used when icing the 584. If they were so quick to render the courts opinion in their initial decision, we can only hope they have taken their time and will apply the same logic and revalidate the 148/336.