Indeed - this latest filing makes for very interesting reading. I had wondered too about the earlier DENIAL as it seemed rather casual and as if the judge hadn’t even read the arguments. It’s definitely good to see DM fight for this one and therefore keep pressure on the defendants... and I guess the court as well. We are witnessing that DM does not back off.

It also seems clear that the defendants are likely in total "wait-mode" not wanting to expend any more effort in discovery, meet and confer, or even settlement negotiations until the Markman ruling is made known. I wouldn’t either if I were them... "heck, we’ve gone this far - let’s just wait it out." You have to remember that the defendants didn’t go to Markman thinking they would lose either; and they probably still think it could go their way (just as we think it will go our way). Hopefully they’re wrong and we’re right. DM apparently still thinks so.

And regarding timing for the ruling, I’m with silversurfer on this one... the longer we wait, the better. Give the judge plenty of time to rule on all 8 claims constructions - in our favor of course. I think DM/EDIG expects it by sometime in early March, hence the main reason they set that tentative time frame for the conference call.

- Sinkman