I was also going to mention DM’s original estimate of the odds at 75% (or better) when taking a case on contingency. That’s as good a number as any to go with when thinking about how we will fare now that the Markman hearing has concluded. I’ve been in many situations where I felt positive that something would turn out in a certain way only to be surprised and disappointed by the final outcome. The Markman hearing is no different although I too cannot help but feel good about it given silversurfer’s and Profundo’s reports.

That it all apparently boils down to whether or not RAM can be contained in a device and still covered by the patent is rather striking in its simplicity. Could it be present even if you didn’t mention it? I see no reason why not but the judge may ultimately differ. Either way, I have a feeling that we may get a ruling sooner than we might think... less than 30 days, IMO.

I also get the impression after reading all the Pacer filings to date and the 'minutes' from the hearing, that these two issues (and really just one issue) is considered to be VERY dispositive to the case. I see little chance that this will go to trial regardless of the decision. Our collective wait is very close to ending I think. Best of luck to all.

- Sinkman