Yes. But since the difference between the parties claim construction of "flash memory" is only the extra verbage, "that is the main memory of the system", I don't see that one becoming a hybrid. There will be a clear winner of that claim construction IMO. And since the verbage, "main memory" or "system" doesn't appear anywhere in the '774 patent or specifications, I think EDIG will win this one hands down. Defendants' are trying to narrow the meaning of flash memory which sman showed is more often a statistical loser.

The key is how much weight the court places on the patent prosecution history (intrinsic)and expert testimony (extrinsic) ** versus ** the actual language in the 4 corners of the patents (big time intrinsic) and the inventor's testimony (intrinsic since he only testified about what he heard, said, saw or did regarding the patent, prosecution history and the Flashback product. These were the judge's instructions to Mr. Norris).