Wrong. Happens all the time. For someone invested in a company that's a pure patent play, you sure don't know much about patents.

Here's how it works: if you get a claim construction that absolutely guts you, you stipulate to infringement based on the claim construction. (It also works the other way around--a patent owner would stipulate to non-infringement). That way, you can appeal the claim construction right away. If you win on appeal, the whole case goes back to the trial court, because your stipulation of infringement was based on a claim construction that has been overturned. As I said, happens all the time. This is what TPL did in TX following claim construction.

And I'm not eh.