I thought you did a lot of appellate work in this area. This markman stands, period. If DM takes on cases based on the "revised" patent then there wwill be an opportunity for a new markman based on it. The old marman will still be precedent. My opinion is that the old markman was well-reasoned and thorough and poses real problems for the "revised" patent which, to me, appears to be weaker, not stronger.
I don't know if you read the "transcript" of the hearings posted by SS, but DM did the best job they could with what they had, the worst of which was a terrible witness. In that area they dropped the ball badly in witness preparation. The judge laid the groundwork for the markman carefully in discussions with both parties and then covered exactly what she said she would.
Another failure by DM was moving to the CO venue where they had the chance of getting this judge who is a defendant's judge. She did what she has done many times - laid down the law in favor of the defendant, posing a real barrier for future EDIG litigation.
LL
