<the topic is 100% on legal issues>

I believe you are wrong. If Ware was constained as to what he can do by law, then I would agree with you. Whatever the law is, must be and the judge would rule accordingly in the Markman. But Judge Ware is not so constrained, as long as whatever he does is not unlawful. You may want to call all that wiggle room a legal issue. I would not. Hence, there should be room for speculation by non-attorneys.

Of course, that is just my non-attorney opinion,

Opty