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Message: defendants claim construct...

Sounds to me like it's all or nothing , The markman will be make or break , Homerun or strike out , No base hit or middle ground , Works for me , By the end of the year we should know the value of our co. The waiting is almost over !

TrickyRic, I agree completely.

I’ve reviewed both docs 296 & 297 and also agree with doni that the defendants make some good arguments. It’ll come down to presentation from both sides and what the judge ultimately determines is correct. IMO, there will be no further settlements prior to Markman.... and therefore a Markman hearing WILL take place. I think it’s still reasonable to expect the hearing AND the decision by the end of the year (within about 6 months). This is the time when DM will really earn their money.

Advantage to the defendants - for being able to coordinate their defense, work together, and share costs.

Advantage to DM - for having plenty of time to plan their strategy and understand the patents... plus I think to be successful, they only need one claim to stick.

Best case I think is that the Markman hearing will occur in September with a decision following sometime in October. Hopefully by then the company will have other significant business announcements to further generate interest. I’d love to see such a perfect storm culminate in that September/October timeframe.

- Sinkman

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