RE:RE:RE:Oral JMOLI think it is relatively straight forward that an motion put forward by counsel and denied by the juidge must be included in the transcript or documentation otherwise the CAFC will refuse to hear it with good reason - you can`t re-argue the entire case before the CAFC.
An interesting document is # 513 filed on Jan.10/16 where Judge Lioi accepts the rulings of Judge Burke over objections of B&H. Did judge Lioi back up Judge Burke only because they work together? Are these rulings open to different interpretations or could there be a fundamental error in allowing these rulings to stand? A similar issue is whether the Citrix in-house e-mails which Judge Lioi moved to the damages phase should have been included in the infringement phase? That will be argued at the CAFC.