That sounds right.
I wonder if the reason we don't ask for a motion of summay Judgement is because it would be based upon the results of the Markman. Since we lost on the 584 it would be included in the summary Judgement and not in our favor on that one. Is there a procedural ramification we are not willing to deal with at this time? Since the 584 is currently on appeal? Wish I knew? There has to be some reason we are not asking for a Summary Judgement considering the one sided markman ruling.