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Message: EE Analysis, BaNoss and Greg Bailey

Ease,

My thanks to you, your EE contact and Ba.

It certainly seems that anyone skilled in the art would know what your EE contact provided us. The question has to be - Why is this an issue that could not have been resolved w/o further breifing? The Judge did have a Technical Expert and it seemed like the rest of the Markman arguments were well understood, investigated.

The plaintiffs made a statemement that Talbot was a ring oscillator. They insinuated we lied to the USPTO and surrendered scope to overcome Talbot's ring oscillator. Serious statements. Perhaps with serious consequences. So maybe the logic behind those statements was simply to try and delay SJ?

IMO, if those statements had not been made, Ware would have ruled in our favor, and we would already have motioned for SJ. Remember, another Federal Judge already construed "ring oscillator." What are the odds that Ware would change Ward's construction w/o some VERY REAL justification for doing so.

Opty

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