PAGE 10: Mr. Cohen started closing arguments around 4:27 and ended at 4:34pm. I have to say, he wasn’t as effective as Jameson IMO. Can’t even remember what he said. Profundo???

Judge pointed out that the entire day was spent on two of the eight claim construction terms (i.e., “flash memory” and “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”). She asked if the parties still wanted her to rule on the other six claim construction terms. This caught everyone off guard. Jameson conferred with Yungwirth and Hanlon-Leh and then said the Plaintiff would be OK with these terms being construed based on their plain and ordinary meaning. Unless, he noted, that the defense wants them ruled on. In that case, Jameson said our submitted definitions will stand.

When the judge asked the defendants, they all just looked at each other dumbfounded. They asked for a short recess so they could go to another room and discuss. The judge said, “That’s fine, I’m not going anywhere [until we’re done].”

When they reconvened, judge asked defense again. Cohen spoke and said since so many defense lawyers weren’t present and he didn’t have enough time to contact all the defendants since they were all over the world, that unless the she ruled for the defendants on the two construction claims mentioned (above) which would basically end this case, then the defense would want all claims ruled on. The judge said something like, “OK, if these two claims are ruled as dispositive to the case, I won’t rule on the other claims.” I didn’t like that but there was no objection by the Plaintiff; I guess they agreed if these two claims go against them, the infringement case is all but over. Not sure about this. Profundo…what do you remember and what’s your opinion?

She then said she would give a written order but of course didn’t mention when. Court was dismissed.

This report is written in good faith and is based on what I heard and witnessed firsthand. In no way did I intentionally try and slant what I wrote one way or the other. Profundo, please feel free to correct anything I may have written that you think is wrong. Thanks.