Her ruling in the Phillips case was downright brilliant by comparison.

If she is smart, she will find a way to revise this opinion before DM can appeal or the case go to trial.

This opinion will not stand up to scrutiny. A Markman ruling is not an exercise in creative writing.

One possibility would be for DM and the defendants to strike some sort of grand bargain (i.e. deal) in which they go to trial with a revised Markman ruling that DM accepts, with DM agreeing to limit the settlement amount to what they were offering before the judge's announcement — basically the same deal Pentax got. She wants them to work this out, and it is in everyone's interest to do so.

Then DM goes after the next tier with the ruling in its pocket.

jmvho,

chuck