"Defendants acknowledge the Court’s statement at footnote 1 of the Order and believe, as stated later in the Order at page 16, that the Court intended to construe “flash memory” in claim 5 of the ‘737 Patent with the same effect and outcome urged by Defendants."

Minister you are right ....it's going to be interesting....perhaps the court will re assesses "not RAM or any other memory system" and make "as applicable" the fully controlling issue.

IMO, "as applicable" and "not RAM or any other memory system" together are counter-intuitive for all considerations. Fore "as applicable" would indicate an adopted condition without having to stipulate component relevance to either file constructs, analog or digital, or the read back conditions of either.

It's like me telling you....you have two pairs of shoes brown and black....and you can wear either pair."as applicable"....and then highlight the shine of the brown pair.

?

doni