"in that scenario, whether the patents are valid or not becomes irrelevant, since there has been no infringement."

I will re read your thoughts again....I must have misunderstood something.

As I understand at this point....much of claims construction has a lot to do with the novelty of a patent, where in, an accused will focus on discrediting that supposed novelty.

IMO....a judge will rule on infringement in it self.....however, IMO, that opinion is rendered with a complete understanding of the patents and the novelty the claims ferry.

doni