The analysis is exactly correct. As a prospective licensee, why would you be quivering in your boots to pay TPL when all you have to do is read the 10q?

FWIW...

I choose to focus on the Markman. My EE contact reviewed our prior CC (not our response tonight that Wolf posted) and the T3 CC tonight (I have dinner every Tuesday with him). He feels that all of the issues related to the 336 and 148 are still in our favor (all issues related to the clocking), and he still believes he reviewed this patent in the late 90s for United Technologies Corporation, FWIW. He understands our argument regarding the other issues like DMA CPU, multiple instruction fetch, and push down stack, but he admits that both parties are getting into the "mud" about these terms, and without spending hours upon hours reviewing the patents (not just the claims but specifications, etc) and all of the court documents in this case and the J3 litigation AND the prosecution history AND getting an IP law degree to fully understand disavowal, etc., he can only give his educated opinion after reading through the CCs and the 890 and 749 patents in approximately 1 hour.

After reading both CCs and the patents (only the 890 and 749 as he is confident re the 336 and 148) he believes we are on good footing for all of our claim construction arguments, at least with respect to understanding what TPL is saying technically and he doesn't believe anything is contrived on our part. He didn't review right justified operands, etc., but again he understands the complexity and the nuance of arguing "mud" and would be the first to admit that he couldn't be 100% certain. Again, he doesn't believe anything we are arguing is contrived, or seems like we are trying to pull a fast one on the court or the infringers, so conceptually to an EE he feels we represent the spirit of the patents. I guess what we take from that is the MMP is certainly not a sham. There is sound IP behind this portfolio. Whether or not the details will get us is anyone's guess.

He did say he would be watching the SP ... and I'll ask him maybe this weekend during half time while we watch on TV the Pats crush the Edgar Allan "Poor" Poe birds at the RAZOR to review the CC reply by TPL.