"I submit the following:"

"1) Dm in writing the claim construction based the wording on how the patent works"....review the proposed construction you may realize differently.

"2) The judge based her ruling on the exact patent wording"...some what, she did not rule on the fully published phrase....

"3) DM will not pursue any appeal"....IMO, not base on it's proposed consideration, and that is what is entrenched in the 8K.."more narrowly than proposed by the Company"

"4) Get a dismissal"...737 is still in play with regard to negotiations, "flash memory" was considered by the court and not what the defendants wanted....

"5) The strategy is to settle with all defendants."....same as 4) ?

"6) Modify the wording of the patent during the reexam process"....or nothing is modified and they are reaffirmed

"7) Seek new venue for next filing"... (IMO, prior any re-exam)

"8) Initiate phase III lawsuits with new claim construction wording"...no comment

doni