I never suggested there would be a petition for Appeal of the Markman without a Judgment having been rendered. It's just that some here seem to insist that an Appeal is inevitable, and I don't buy it (and IMO no one else should either).

Two reasons why the "Appeal outcome" is IMO highly unlikely:

1) IMO there will be settlements (and with settlements, there remains no option to Appeal), because T2 will not risk a jury trial to determine damages.

2) There have to be very solid grounds for a petition for Appeal to be granted.

The later is the issue on which I solicit your input, as a "confirmation" of my understanding that there is a high bar for getting a petition for an Appeal granted by the court.

TIA,

SGE