You may very well be right per the 'authoritative matter tailored into the succession of judicial discipline' but that's not how I read this:

3-11-10 -Daboss, More Clairity per T1 vs T2.

Tier one filings are being directed at companies we believe infringe mainly on key claims within the '774 patent whereas tier two cases are expected to be filed against companies we believe infringe on specific claims within the Flash-R™ patent portfolio pertaining to fundamental techniques in utilizing flash memory (embedded or removable). The type of companies that we expect to file against in tier two suits will be different from our tier one suits. ''

there is the word 'or' between embedded/removable... And they stated it's removable now with essense of 773 switch thrown in.

Sounds to me like they've made a distinction... and yes even I've said the patents are intrinsicly linked but IMO DM is setting the delimitors by suing for low numbers to fill the coffers with low hanging fruit $s first.

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daboss - that hot-link on the DM case didnt open for me.

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