The following pargraph from EDIG'S Claim Construction Breif is important and ladden with "Strategy" by EDIG Counsel...

"Defendants’ attempt to use the only dictionary definition actually discussed in the prosecution history -- “flash memory” -- as the launching point for a series of extrapolations from other dictionary definitions to try to narrow the scope of the key terms in the ‘774 Patent beyond anything ever agreed upon between the Applicant and the Patent Office. In doing so, Defendants really have no answer to the crystal clear meeting of the minds that occurred during the Examiner Interview, as subsequently confirmed in writing by the Patent Examiner. In short, Defendants’ Opening Brief is a thin first attempt at an analysis of the terms and phrases in dispute, and accordingly, Defendants have failed to carry their burden with respect to each and every construction they propose."...

FIRST:

Counsel is telling the Court in essence that defense is trying to "pull the wool over the Court's eyes, when he states, ("In short, Defendants’ Opening Brief is a thin first attempt at an analysis of the terms and phrases in dispute, and accordingly, Defendants have failed to carry their burden with respect to each and every construction they propose."...

And Court's don'tlike that very much!?...

SECOND:

EDIG counsel just told the Court that defense counsel's shinanigans fail to justify their Motion to Exclude the written testimony of the inventor, and now they are conjuring up their permutaions of what the Patent Examiner and the Inventor had agreed upon as to what the Patent at issue meant to cover, as demonsrated by the written confirmation by the Patent Examiner...

This is great lawyering by DM. They are killing 2 birds with one stone...

Gil...