...the Judge ruled that Garmin's argument about what was invested since 2009 can't be ignored, it just needs to be proven wrong. Having a Domestic Industry is a requirement of the ITC.
Agreed, I would suggest it is a trial matter. Both sides will present their case to the judge. They can't and don't deal with everything pretrial, they just try to shorten the list and agree on the terms and rules...
EOT