I submit the following:

1) Dm in writing the claim construction based the wording on how the patent works

2) The judge based her ruling on the exact patent wording

3) DM will not pursue any appeal

4) Get a dismissal

5) The strategy is to settle with all defendants

6) Modify the wording of the patent during the reexam process

7) Seek new venue for next filing

8) Initiate phase III lawsuits with new claim construction wording