<Tick tock, goes the clock.>

The clock is ticking for the USITC respondents, not just us.I do not think respondents can run the clock out at the USITC.

I am not aware of any prior Markman construction for the 336 that went against us.They can hope for a miracle in the USITC Markman, and that is what it will take, imo.

Of course the bottom line is whether any of those products actually infringe the 336 even if all claim terms are construed in our favor. Based on the complaint and all the prior Markman results they all appear to infringe, unless the products operate differently from what is understood. I doubt we filed these complaints w/o understanding how those products operate and where and how infringement of each claim takes place. Plus we had some extremely critical constructions go our way in the first Markman, providing the impetus for the USITC filing. The timing of the complaint about a month after the first Markman results was not a coincidence.

USITC respondents will have to make some difficult choices in the near future. I would think that long before the USITC makes any final determination pressure will be on these companies from suppliers, customers, and from inside as well. Think of the disruption of having to develop alternate plans,just in case things don't go your way.Huge problem to formulate those plans and huge expense if it is necessary to implement them. And even with contingency plans implemented and working, still would face huge $ losses, just not as much.

All in my opinion only.

Opty