IMO It is the claim construction folks ...
posted on
Sep 07, 2013 01:37PM
At the ITC the ring oscillator could not rely on an external crystal control signal. We apparently couldn't proove the variable speed ring oscillator was an "entire" variable speed clock. An 8k was released about this the same day as the SHM.
We will have to review the NDoC Markman and determine if "does not rely on an external crystal clock/control signal" is in the constructions anywhere, and determine how the ring oscillator definition with "variable based on process, voltage and temperature" affects anything. I have the final Judge Grewal Markman ruling, I've misplaced Judge Ware's original Markman. Can someone repost it?
Now the question is will Leckrone risk the whole enchilada at the NDoC or will he settle? I'm not sure how the creditors work for the bankruptcy, and if Leckrone's kids are creditors and everyone will get paid pennies on the dollar, it is probably in their best interest to settle and get paid pennies on the dollar than nothing.
There are significantly more claims being asserted at the NDoC and I believe, from what was reported at the SHM, Jim Ottesson said we won 9 out of 10 claims. If that is true there is a shot at the NDoC. Also, hopefully a jury would noy hear about the ITC ruling due to res judicata not applying at the NDoC. We need to beat the MSJ to get to a jury trial.