Regarding #3. You certainly could be right about Mihran not reviewing the picture of the Flashback until the Markman. I can't be sure. But we agree he did say he thought the Flashback had DRAM in it.

Regarding #4: Yes, it was late in the day and I was shutting down fast. I think we're saying the same thing. When I said if the two important claims are ruled dispositive, I meant in favor of the defendants. If the ruling goes against EDIG, then it would have the effect of resolving this case because these two claims are critical in defining the 774 patent. At that point, ruling on the other six claims would be meaningless. Of course, another way to look at it is if ruled for EDIG, it would likely have the effect of causing all parties to settle before trial. Defendants have even written they believe settlement talks may be prudent after the Markman [if the rulings go against them].

dispositive: Relating to or having an effect on disposition or settlement, especially of a legal case or will.

http://www.yourdictionary.com/dispositive