InterDigital Inc (IDCC)

[whizzeresq]

Dave Davis--I think you may be a bit off on your view of the Markman hearing in the Tantivity case. The judge conducted the Markman hearing and is using Mr. Egan as a technical consultant to the court. This is different from the Markman hearing in the Ericy lawsuit where the expert instead served as a special master who actually conducted the hearing, heard the evidence, reviewed the parties' arguments and then issued a draft report. The parties then commented to the judge on the draft report and then the judge ultimately made the final claims construction decision. I expect the Tantivity process should be much quicker because there will be no special master acting as the middleman. I have not had an opportunity to read the procedural orders in the case, but there very well may be no draft report at all and the judge will make his rulings based on the submissions of the parties and the evidence submitted at the hearing.