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Message: Day (124) might be the day???

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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