Should we be surprised by this? Begs the question - if our side struggled to get their act together during marksman - then how did they make it this far in the appeal - is it by only following formalities? If the answer is no and that in fact they made it this far because they have upped their game - then then next question is why didn't they have their game on that day?
An actual transcript of the Texas marksman hearing is available and you can contact the court if you'd like to purchase a copy.
To clear up any confusion and remind posters on this forum what actually happened, a number of shareholders bonded together and paid for my flight ticket to go down and take notes of the Marksman hearing. I got permission from the Judge and took notes of the entire hearing on my iPad which I then provided to the forum:
This was not a "second-hand recollection" but a first-hand transcript and account of what I saw and heard as fast is I could type. I also responded with about 50 additional posts answering questions from everyone which are all available on this forum if anyone would like to read them.
Tmobile's attorneys did not make CLYW's attorney's look like idiots. Both sides were quite respectful of the other and obviously different on most of the claim construction terms. CLYW's attorney's did not have a technical resource with them which resulted in some loss of ground on several of the terms but they were well prepared otherwise.
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