<timing...>

The court should have done this a long time ago. Are you suggesting it is being done now simply because it needed to get done before Markman results? Perhaps the court is ready to make Markman public, but saw this needed to be taken care of first.

Is that what you mean by "timing......."?

Simply that it had been a topic of discussion today... Altho the likelyhood that it needed to be addressed prior to a Markman ruling makes sense also... I find it interesting that J Ware states "On January 27, 2012, the Court conducted its first Claim Construction hearing in this case"... Perhaps just proper legal speak..