MEMORANDUM OPINION
REBECCA BEACH SMITH, District Judge.
This case involves the alleged infringement of United States Patent No. 5,355,-964 ("'964 Patent"). On October 7, 2009, plaintiff American Piledriving Equipment, Inc. ("APE") and defendant Geoquip, Inc. ("Geoquip") came before this court, pursuant to Markman v. Westview Instruments, Inc.,
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