Full docket text for document 437:
DOCUMENT E-FILED UNDER SEAL re [431] Order on Administrative Motion to File Under Seal,,,,,,,,,,,,,,,,,,,,,,, Ex. 7 to the Declaration of Kyle Chen in Support of Consolidated Opening Supplemental Claim Construction Brief by HTC America, Inc., HTC Corporation. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Chen, Kyle) (Filed on 3/20/2013)

Full docket text for document 436:
DOCUMENT E-FILED UNDER SEAL re [431] Order on Administrative Motion to File Under Seal,,,,,,,,,,,,,,,,,,,,,,, Ex. 4 to the Declaration of Kyle Chen in Support of Motion for Reconsideration of Certain Aspects of First Claim Construction Order by HTC America, Inc., HTC Corporation. (Chen, Kyle) (Filed on 3/20/2013)

Looks like they are looking to get Judge Grewal to amend his claim construction ruling. I'm wondering if they decided to submit the motion because the ITC Markman has been finalized and they realized it was possibly a last ditch effort to get the construction updated? I remember the T2 decided not to request the claim construction be amended in December 2012 as if they motioned for reconsideration the the clock for discovery, etc., would not have started. It was to the T2's advantage at the time because Agility would've been stretched in two venues - NDoC and ITC. So did the ITC Markman fall into line to what has already been defined? Is that why the T2 are now motioning for Judge Grewal to reconsider?

Or did the ITC Markman not fall our way and the T2 are using the ITC Markman as persuasive authority to have Judge Grewal update his construction?

I'm not sure the second is correct given the fact Judge Grewal already ruled and is not likely to reverse himself at this point. The ITC Staff essentially recommended Judge Grewal's construction and I'm assuming the ALJ construed the 336 terms similarly, but we shall see.

Anyone else have any idea as to why the T2 are now asking Judge Grewal to ammend his construction and not back in December? I understand the NDoC trial was pushed out 90 days but I'm interested as to why submit the motion to reconsider now. Are the T2 beginning to frame the argument for an appeal? Or did the ALJ go against his Staff's recommendations and the persuasive authority of Judge Grewal?