I'm just saying that if the Markman really was a strong win for us, we should see something like this. Might also see a motion for summary judgment of infringement, filed by TPL. These actions would be stronger indicators of how good the Markman really is than any self-serving press release.
Appeal is always an uphill battle, but on claim construction it is fairly close to even odds. If HTC and Acer stipulated to infringement and lost the appeal of course, it's all over at least for the patents involved in any such stip. That's what happened to us in TX on the '584.