Yes, that helps. Thank you. Still one area that I continue to have some difficulty with. That involves the Special Master and Technical Expert. Do they come into play during this period you described below?
<First, of course, the issue of liability (here, infringement) must be decided, since, obviously, without infringement, no damages can be awarded. Once that occurs, a settlement usually follows because, once liability has been determined, both sides know that the case is worth at least something in judgment value.>
It seems to me that both sides will know in advance how these key folks are leaning with respect to how the Markman is shaping up. If true, then isn't that situation much different than other Markman hearings where you state your case at the hearing and wait for the court to make a determination? Not really knowing which way the court is going to go until it does? My assumption is that the Technical Expert and Special Master do not act in total secrecy so that neither side knows anything. Can you help me to understand what impact, if any, those folks have on determining infringement and where in the process that impact will likely be felt?
Thanks again
Opty