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If Dr. Leitzinger ended up to break that status by failing to testify congenially to SCO within the current circumstance, There may be minimal question that This may become a "small business growth" problem not only for him, but for his company. SCO will, certainly, have the opportunity to reply to this.

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Similarly significant, the agreement also suggests that Boies Schiller Flexner has agreed to steer SCO's efforts through the length and completion of the pending litigation. In return for this new fee settlement, we have agreed to increase the contingency connected to any award, with a scaled or sliding foundation, from twenty to 33%, according to the Over-all dimension of your award.

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Rhyne also provided intensive testimony over the Actual physical and logical interrelationships existing inthe a variety of "details structures" comprising Phrase's XML metacode and content mapping. Id. at101:21 106:thirteen; Plaintiffs' Illustrative one. Also, An additional of i4i's complex industry experts, Dr. Martin,recognized that a variety of components throughout the accused Term solutions constituted one datastructure on account of their Actual physical and logical interrelationships. at 27:22 30:eleven. Microsoft's principal argument is that the "data construction" that Dr. . . at 23:17 24:twenty five. Further more, Microsoft's motion does not determine or ask for anyalternative definition of "information composition." Microsoft even concedes which the a number of "info buildings"that it discovered in the course of Dr. Rhyne's cross evaluation could possibly be damaged down even further. Id. However Microsoft makes wide statements suggesting which the "see of 'data construction' urgedby Dr. Rhyne is inconsistent With all the teachings of the patent," its argument lowers into a meredisagreement Using the jury verdict. See Microsoft's Movement, Docket No. 348 at 12. The jury wascalled on to come to a decision irrespective of whether WORD met the Court docket's definition of "metacode map." Withoutasserting that i4i exceeded the scope on the Court docket's definition, or suggesting the Courtroom'sdefinition