As I stated earlier, my experience with a Markman hearing being stayed happened just a few years ago. In that instance, what occurred was a JOINT MOTION by the plaintiff and the defendant to stay the Markman till the re-exam was completed.

I would assume in this case, that any Motion to Stay would come from the defendants and HSBC would not participate in a motion to stay. If and when the Motion to Stay the Markman is entered by the defendants, HSBC and their legal team would submit a counter-argument to Judge Ward asking that the stay be denied.

Once the Judge rules on a stay or not, 99.99% of the time it is cut in stone till the re-exam is completed, at least that's been my experience.

BTW, my previous experience with the aforementioned Markman being stayed took about 18 months. Stay was granted in 03/05,re-exam was finished 03/06, then the judge had to re-schedule the appropriate hearing dates and that took till 12/06 for the Markman to commence The Markman hearing in turn, took 2 whole day sessions of about 7-8 hours each in which the defendants had argued 10 different claims on the patents that the judge had to rule on.

By the time the Markman commences the Judge will have, in written form, all of his decisons on the defendants claims for overturning any infringement claims against them on the specified patent(s), so usually the Markman doesn't last too long. Both plaintiff and defendant will have the opportunity for opening remarks and the opportunity to present arguments to the judge to try and refute his decisons or support them.

The winner of the Markman will then in subsequent weeks submit a Summary Judgement to Judge Ward, either asking for dismisal of all infringment claims or asking for $XXX as compensation. mediation will ensue but if the sides do not agree on any of the particulars it then goes to trial. Remember though, a Markman was instituted to try and bypass a jury trial. With all the complexities involved of patent  litigation ,hopefully, the judges findings and subsequent mediation will satisfy both parties to forgo the jury trial which is usually 4-6 months after the Markman.

In any case, I hope any Motion for Stay by any of the defendants or PubPat or whomever is denied by Judge Ward and the Markman commences as planned , with satifactory results for HSBC, so either mediation or a jury trial puts all of this to bed.....soon