Thanks Silver ,
So I think before we begin this hearing, we need to
have a good, clean record as to what evidence it is you all
believe I should be considering in determining the construction
of the disputed terms.
The second thing that would be helpful to the Court is
to have a hierarchy of the terms to be construed. You've got a
number of terms you want to have construed; probably not all of
those terms are equally dispositive in the litigation that's
before me. If I were a betting woman, I would guess that it is
the term "a flash memory module which operates as a sole memory
of the received processed sound" that is the most dispositive
term to be construed, but I don't know that for sure. You all
know this better than I, and I'd like to have a hierarchy of
the significance of the terms to be construed. Some are more
important than others, I suspect. And I need to know your
views on that.
