with the public Court record as we know it, since the 336 is still outstanding.
I'm especially anxious because until J Ware is actually off the bench, or until he formally assigns it, or all parties agree to the assigment to another judge, it is J Ware's case to rule on; irregardless of the August 6th date.
My concern, based on interpreting J Ware's Markman opinion Ruling, is that Barco and HTC might very well want J Ware to rule on the 336, and that is why they have not yet agreed to the case Assignment away from him; but are also hedging their position so as to not have egg on their face should they ultimately be before J Grewal if the case does get heard by him.
In this way, Barco and HTC put the decision on J Ware to dispose of the case through a Ruling, or to Assign it out.
My recollection is that, although less so, TPL has also cleaverly hedged, they said they would not be opposed to the Assignment, but if J Ware rules in the end, that's ok with them.
No one wants to end up being before a Judge that they indicated they didn't want, or they said they preferred didn't rule on their case ;)