We don't want to wait that long?

<If the ITC votes to institute an investigation based on the complaint (a decision it normally makes within 30 days after the proposed complaint is filed), it will publish a notice and serve the complaint on the Respondents (who then have 20 days to respond). If a parallel federal district court case has been filed against a Respondent based on the same claims as in the ITC complaint, the Respondent may have the district court case stayed pending the completion of the ITC investigation. >

<Historically, the Commission has strived to complete most investigations in 12 to 16 months. However, factors such as the complexity of the subject matter and number of unfair acts at issue, as well as the workloads of the ALJs during a particular period, have resulted in longer target dates in a number of investigations.>

Complaint might possibly delay the current court proceeding for as much as 2 years? Probably more efficient to wait for Markman results in present case and at some point thereafter open new cases in Federal Court quickly proceeding to motions for SJ.

Perhaps Ron can chime in?

Opty