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Let's focus on the Motion for Summary Determination first. Bottom line, if the MSD is granted, we will have an uphill battle going forward no matter what anyone says. It is not good to go through a full years worth of discovery, arguments, etc., and then have an ALJ who has plenty of experience with integrated circuit cases basically throw the case out and not even let us go to trial.

We absolutely need to beat this motion. Even if the motion is partially granted, and then we can hope there are enough products left from some of the remaining companies where we can get a decent pay-day.

If the MSD is partially granted, IMO the scope of the 336 patent is not as broad as we once thought. It may still be able to generate good money but I'm afraid what was originally estimated may not be attained.

If we beat the MSD and it is denied in full, then the Judge is at least willing to hear all of the facts and look at all of the engineering schematics and allow both parties to argue. PLL based systems use an external crystal, hopefully the judge will take Magar within context of how chips were clocked in the mid-80s and further back. The novelty of having a ring oscillator (even if it is a "modern day" voltage controlled ring oscillator which it is first and foremost a ring oscillator) on the same IC as the CPU provides the system certain properties. All modern day microprocessors do in fact do that. The issue is that all PLL based systems use an external crystal as a reference signal that goes into the phase comparator, which then in tern (long story short) changes the voltage in the ring oscillator, which could be considered "control." So the external crystal reference point could be considered control in some way. I'm hopeful the ALJ takes Moore's and Fish's - via Woody Higgins - comments within context of the time and understands the novelty of the ring oscillator and its innate properties that are used today. I'm hopeful if you infringe A and B, then if you add C, you still infringe and again I'm hopeful that is what the ALJ decides.

Flip the coin...

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