"and the positive past markman rulings will be there for future use."
FWIW...I wondered about this and asked a patent attorney if the Markman could be used in future court cases. It appears that the ansyer is maybe yes, maybe no.
Patent Attorneys Response:
The short answer is maybe. The Markman, under certain circumstances, can be used in another case....though not always. There are a number of factors the court will consider in determining the effect of a prior Markman ruling ...
1.The issue raised in the current proceeding must be identical to the
one decided in the first action;
2.That issue must have been actually litigated in the first action;
3.Resolution of that issue must have been essential to a final judgment
or ruling in the first action; and
4.The plaintiff must have had a full and fair opportunity to litigate
the issue in the first action.
Good luck to you, me, us, and all longs.