The evidence considered in a Markman hearing falls into two categories: intrinsic and extrinsic. Intrinsic evidence consists of the patent documentation and any prosecution history of the patent. Extrinsic evidence is testimony, expert opinion, or other unwritten sources; extrinsic evidence may not contradict intrinsic evidence.[5] [/quote Marksman Hearing
The statement in red above only goes to show that "most likely" (IMO) in Future Patent Infringement cases the same evidence does not need to be presented again, making the our current 3 Lawsuits that much simpler to be heard and the cases maybe be Settled in much less time.