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Message: Re: Markman hearing, general stuff....opty.....
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Jan 28, 2012 10:06AM

<nothing you have stated changes anything I told Larry.>

I was not aware that my post was correcting anything, only adding my thoughts.

<"none of the terms/phrases in the top 10 [in the present case] were construed by Judge Ward", then, obviously, with even greater force, nothing done by Ward will be binding on Ware.>

Ware might find it extremely difficult to contrue phrases the way opponents want them contrued w/o changing the meaning Ward gave to the words/terms contained within the phrase. While not apples to apples, it isn't apples to oranges as you suggest.

You seem to be arguing that Judge Ware has no obligation to accept Judge Ward's construction. Since I don't believe I said anything that contradicts that notion, I'm not sure why.

Hope this helps.

Opty

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