Thanks for the informative post Ron. I'm sure many of us totally forgot about the possibility of summary judgement.

<Remember that a strong Markman ruling can be followed by a motion for summary judgment on the issue of infringement, and, in the event that such a motion is granted, it is the equivalent of a jury verdict --- very powerful.>

I would think that scenario is the ideal outcome. We get to where we need to get to faster and with less cost than jury verdict and with visibility.

Have some additional questions, if you have the time.

I stated previously that the jury probably will not have a clue as to what either side is talking about. What is your thoughts on that? If the Special Master needs a Technical Expert to understand things, can we really expect the jury to? How does the court get around that, if they do?

And

With respect to a summary judgement. Does the judge award $ in a summary judgement? How is it computed? Would it likely be less than what a jury would award?

And

I suspect that anything other than settlement could very well see an appeal. If that is a fair concern, perhaps you could provide some color on the liklihood of appeal for a jury verdict versus a summary judgement. What is the most common basis for any subsequent appeal? And is SJ less or more likely to be overturned or changed compared to jury verdict?

Thanks,

Opty