One quick post, then to bed. It's 6 AM in San Mateo, but I'm loving it!

J. Patel got it, all right! I am so happy she took the time to write THE DEFINITIVE BURST PATENT CLAIM CONSTRUCTION! From now on, there can be NO DISCUSSION what these patents say. We had a feeling in court that she was not satisfied with Motz's Claim Construction, and wanted to set the "patent record" straight. Well, she did it!

It is a pleasure reading her Markman Order. Even a nonlawyer can get a fairly good understanding of these patents by reading it. It is so well-crafted and thorough, that it will be referred to again and again by lawyers of infringing companies!

I don't know if Apple and Burst had talks about settling during these 90 days. Possibly. Perhaps Apple may not have offered enough for Burst to settle. But for whatever reason, THIS IS THE BEST OUTCOME WE COULD HAVE HOPED FOR! We have THE DEFINITIVE ORDER! It's on record for all to see and refer to. It is so well-done that any other judge would use it as a guide, if not THE BIBLE for understanding these patents!

Apple knows that their goose is cooked! They were just SLAM DUNKED by J. Patel! Do you think they want to have to face her in a trial? She's got Matthew Powers' number! She ain't buying anything from that con artist! Parker pointed out the "rabbit hole," but she had already seen it. She carefully walked around it, then kicked in dirt to close it off, to protect others from falling in! (With her Order!)

<< The sequence of three processes within the disputed claims—compression, storage and transmission––supports Burst’s construction. ... Burst contends that Apple’s proposed construction would not conform to the sequence mandated by the claims because storing information after it had been TCM-compressed would lose the effects of compression. AT THE MARKMAN HEARING (my emphasis), Apple presented several examples of storing TCM-compressed information after compression to prove that it is not impossible to store a TCM-compressed file; however, NONE OF THESE EXAMPLES ARE LOGICAL USES (my emphasis) of TCM. While storing a TCM-compressed file may be possible, doing so is not consonant with the claims of the patent. Apple’s proffered reading is NOT THE MOST REASONABLE ONE (my emphasis). Therefore, the court is persuaded that TCM does not conform to the sequence of processes in the disputed claims. >>

During the hearing, this is where Powers tried to get around his big problem (with Mike Heim) with the order of the functions (or "sequence of three processes") of compression, storage and transmission. He came up with the hypothetical case (REALLY hypothetical!) of taking a 33 rpm record, playing it at 45 rpm ("compression"), and placing a microphone/tape recorder nearby to record the sound on tape ("storage") , which could later be "transmitted." (Not exactly how multiplexing works, is it? It is stored in a buffer first, then read out faster (higher frequency = "compression"). I.E., "storage," then "compression.")

Parker Folse, after he heard that 33-45 rpm story, told the Judge: "Honestly, your Honor, I'd thought I'd fallen down a rabbit hole! No one would think of doing these things!"

Well, when I read J. Patel on pp. 13-14, I knew we had won, and won BIG, because she would not let herself be pulled into that "rabbit hole." Moreover, while she is an impartial judge, or was so at the beginning of these proceedings, she now knows on which side of the courtroom resides LOGIC, COMMON SENSE, REASON, JUSTICE, and EQUITY!

No ... Apple, you do not want to have to go to trial in Courtroom 15!