At the same time as we are speculating on this board as to the significance of the Markman ruling, an independent review is likely going on in the law offices of many infringing companies. The infringer’s votes (non-binding) will be reflected in the next few weeks in terms of “license purchases” or “no license purchases”. “No-license purchases” will be a signal that infringers think the Markman rulings are unfavorable or inconclusive to TPL’s case – making it worth their while to wait for more conclusive results in spite of the risk of higher fees if TPL wins the case outright. The infringer's conclusions will likely be influenced by what other infringers do. Thus an avalanche of license purchases could be set off buy a few infringers.
Come on avalanche !