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Message: Re: 3rd Pacer--(Note in Bold) DECLARATION OF DAN LECKRONE IN SUPPORT OF DEFENDANTS’

Going to Texas is a huge advantage to us because of the previous Markman ruling. If the request is successful, then we won't have to worry about a another Judge's possible different slant on claim construction. We have already been there on three of the five patents at issue and all this good. What I continue to worry about is the secret that none of us are aware of....why did the J's get off so cheap? Was it because of the validity issue, which seemed to be the last remaining issue. This time around we should be a heck of a lot closer to a USPTO ruling. Which could mean a lot more pressure on the T's to settle. Then again this is the "Rocket Docket" do we want rush to trial again and be in the same situation as last time and let the court decide valadity? Apparently we do. Or could there have been a big tactical error in the first trial that can be corrected this time around...Discovery issues ie. same family of chips. I hope the second time around is a charm...cause I don't want to go thru all this again!!!

What an interesting and educational ride this has been.

GLTAL Merry Christmas

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