In the OUII response in the 868 regarding the power patents that were ruled non infringed in the 800, they say:
The Commission’s construction of the limitation “successively sends transmissions� in Inv. No. 337-TA-800 is binding on the Judge in this investigation unless and until it is modified by the Commission or the Federal Circuit
yet, regarding the other power patents that were overturned from cafc AND remanded with explicit instruction from the commission, the staff tells the ALJ that the commission made an error. What happened to saying the commission instruction is binding?!