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Message: Re: Day (124) might be the day??? Could a "mixed bag" be possible?
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Jun 01, 2011 11:46AM
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Jun 01, 2011 12:08PM

Okay, worst case, suppose the judge misconstrues to some degree items we've been counting on. We then proceed to trial? Is the trial another chance to convince her-- or another judge-- of the correct meaning and function of our patents? It would seem to me that the Markman hearing is not the final final, but a preliminary final. (Unless the constructions go completely our way and the defending companies all settle forthwith, in which case it would be a final final.) But probably not all would settle and we would go to trial with the remaining ones. I would think that DM would be prepared for some time now to move ahead to trial. But the way the terms choices were presented to Judge K was quite clear. There's really no middle ground. She's either going to rule for the white hats or the black hats, and I don't think she is going to rule that white is black.
Newport Tom

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Jun 02, 2011 10:35AM
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Jun 02, 2011 10:43AM
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Jun 02, 2011 04:44PM
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