Re: Why would any defendant
in response to
by
posted on
Sep 09, 2011 04:15PM
My thoughts are the same as yours...
There are two types of memory the device is patented under...."recording medium"claim 19 and "flash memory" claim 19 and claim 1
Recording medium is a given for analog files....it was not considered in e.Digitals claims construction.....however, it was considered in the defendants construction, and for their construction they wanted to steer the court away from the flash memory issue all together.
e.Digital was after a bit more in it's construction consideration, however, regarding "flash memory" for both types of files stored...analog or digital, claim 1 and 19....remained close to the published phrase... (2) sole memory of the received processed sound electrical signals: is capable of retaining for storage digital information without the need for ongoing power support”....
e.Digital did not get a consideration for item 1 of its construction.
That considered, what memory did the court consider? It wasn't the defendants choice...
" requires that the device use only flash memory
The word "only" (sole) seems to have a bit of confusion surrounding it . The court sees it(as I read that phrase) as a condition relating to the device....where I see it as a condition of the memory ability to be implemented under two file types claim 19 analog and claim 1 digital....or sole (only) memory for both.
That considered...item 2 the courts rendering...analog and digital are conditioned as I feel they should.
[2]The remainder of the disputed language [a flash memory module which operates as sole memory of the] requires that the device use only flash memory, not RAM or any other memory system [analog condition], while engaging the CODEC, DSP (as applicable) [digital condition], and memory control functions, as well as storing the fully-manipulated data."
I recognize an analog condition and a digital condition....placing them individually as they relate to the variables of the phrase..
requires that the device use only flash memory, not RAM or any other memory system [analog condition],
requires that the device use only flash memory, while engaging the CODEC, DSP (as applicable) [digital condition]
As for placing "and memory control functions, as well as storing the fully-manipulated data." as they relate to each of the above?
Stain....want to take a shot at that...? Some where in there are seprate issues.
Anyway, there's room in that ruling for settlements, and the ability to carry on...without e.Digital getting item 1 of its construction
doni