BLR...Those defendant considerations were in the pipe line prior to the appeal ruling.

7….. Claim 1 issues are being construed.

Plaintiff and defendants have already rendered their preliminary thoughts. The court has already considered itspreliminary construction. The court is now waiting on the plaintiff and defendants to respondto its preliminary considerationsby submitting opposing or additional considerations...prior to the Dec. 12 hearing.

There is a degree of fairness in this method that was not present in the CO claims construction, at least not that I read. I do not remember the court preliminarily construing the claim terms with additional input by the parties prior to the hearing.

No comments from me at this time on the terms involved.

Hedrick is in charge

doni