This assuages any fears on the Bennett prior art - it's AFTER Judge Whyte's new "memory device" claim construction:

<<However,the Court's revised construction makes it even
more clear that prior art memory boards and processing
devices (such as memory controllers)are excluded from the
category of "memory devices," and Mr.Murphy may point
to the revised construction as support for this proposition.

In particular, Mr.Murphy is of the opinion that the revised
construction of "memory device" expressly excludes prior
art memory boards(since it notes that a "memory device" is
smaller)and expressly excludes processing devices(since it
distinguishes "memory devices" from them).>>

http://www.scribd.com/doc/9431390/Detre-Response-Letter-Memory-Device