MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
In this patent infringement case, the Plaintiff Luciano F. Paone ("Paone") alleges that the Defendant Microsoft Corporation ("Microsoft") has infringed United States Patent 6,259,789 ("the '789 Patent"), which Paone holds. Pursuant to the Supreme Court's decision in Markman v. Westview Instruments, Inc.,
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