Will post each page as I write them.

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PAGE 1: Got up at 0530, left for Denver at 0630 and got to the courthouse at 0805. It took 15 mins to get through friggen’ security! Got to the courtroom at 0820 and the clerk was just finishing up roll call of the attorneys! Sheesh!

I counted at least 21 defendant lawyers in the courtroom. The attorneys that did any speaking were Mr. Cohen from Katten Muchin Rosenman LLP, and I think Mr. Collins and Mr. Featherstone from Featherstone Petrie DeSisto LLP. I went to their website but they don’t have pictures of their attorneys! I do remember for a fact that the bigger guy said he represented both HTC Corp and Kyocera. That would have to mean Featherstone Petrie DeSisto and the only attorneys of record from that firm are Collins and Featherstone.

There were 5 attorneys for EDIG.Jameson, Yungwirth (they were the only speakers for EDIG), James Sze, Hanlon-Leh, and Briant. Fred Falk was there and sat at the head table where Jameson, Yungwirth and Hanlon-Leh sat. Woody Norris and I think, Allen Cocumelli, sat in the first row of seats behind the second lawyer’s table. Falk seemed to know him well and it looked like Cocumelli from a picture I saw long ago. There were also other lawyers sitting on EDIG’s side of the courtroom, perhaps 6 total, that were just interested in the case and knew Ms. Hanlon-Leh. She spoke to several of them. One of these observer lawyers, a very attractive female, asked if I knew what the claims were that were in dispute. I showed her my copy and she wrote everything down in her notes.

No lawyers for Imation showed up.

Judge entered at 0851 (21 mins late…sheesh) and before we even got started, she said she was confused about intrinsic versus extrinsic evidence and the exhibits discussed in everyone’s briefs. She also wanted both parties to give the court a hierarchy (priority) of the 8 claim construction terms. Court recessed at 0902 so the attorneys could discuss and come to an agreement.

Back in session at 0926. Both sides agreed to exhibits 1, 2, 3a, 3b, 3c and 4 of the Joint List of exhibits should be introduced as evidence. The hierarchy of the 8 claim terms was given in three tiers. Tier 1:“Flash memory”, “a flash memory module which operates as sole memory of the received processed sound electrical signals and is capable of retaining recorded digital information for storage in nonvolatile form”, “activating a memory integrity test”. Tier 2: “record/playback device”, “memory control circuitry”, “switch means”. Tier 3: “write protect circuitry”, “interchangeable”.

Judge ruled on some outstanding motions. First, she said Woody Norris could testify about the patent, patent prosecution history and the Flashback product. She said he could testify about what he saw, heard, said or did. He may not testify about opinions of others related to our patents.(TO BE CONTINUED)