I noticed that the patent attorneys submitted all of the claims construction documents that DM created for the Markman to the USPTO examiner. Its a strange strategy since the examiner was not questioning the wording of the claims, but had rejected the claims purely based on the prior art that was discovered. Thats a lot of paper for the examiner to go through, but it doesnt relate to the prior art from Sharp. Hopefully it wont annoy him to have to go through it all.
On a second note I did also notice that the prior art that was discovered about the Sharp voice recorder and the other voice recorder was submitted by HTC and another company, and was not discovered by the examiner. Im guessing some kind of payback for suing them. Oh well.