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