Filing 164 indicates Plaintiff has not established infringement despite ample opportunity, and requests a judicial order to show how the Defendants actually infringe the cited claims. The recited history of Plaintiff deficiencies in response is troubling, and has the appearance of a weak case.
The judge has a good basis to issue the order, and Plaintiff may need to produce much stronger arguments before the Markman hearing for a favorable judgement in July.
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