Tindel, he's probably still on board tooling in and out of the Marshal court to handle the in person stuff as needed, if there is some kind of sudden need he'll be there, further, once things go to trial he'll be there everyday to make sure everything is handled properly
as for calypso's rebuttal, i like it, and will need to re read it. We are showing real determination and the patent is being defended in the utmost they are not giving any ground, even on issues that would not affect the outcome of current litigation with tmobile. The fullness of the patent is being properly embraced while tmobile trys to efface it at every turn. There is a "dam the torpedo's" bravado that is shining through which shows true confidence in the validity patent on the whole.
my take is this, better to have to trim back an infinitessmal ammount of patent scope later if there are aspects of others invetions that legally overalap than do it before exactly specifying any such limitation.
tmobile is clearly trying to invoke the "too hard" card by creating a mashup that will discourrage judicial annalysis more than provoking its ire--in the marshal district more that most any such approach is ill advised.
All in all this construction process is complicated, more so that i had imagined, mathematically its the process of adding disparate perturbations which greatly expand the dimensionality of meaning of each cliam and then chiseling back on each as necessary--but not in terms of limitation but rather in terms of the perspective which most simply, efficently, and truely illuminates the relevant possibilities.