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Message: Three Markmans Down ...
Remember, the ITC staff recommended no Markman was required at the ITC. The ALJ decided to have one and the reason I believe he decided to have one is the stakes could be high for the ~12 companies possibly on the hook. Any review of the ALJ's June/July findings will need to stand up to review. IMO a Markman must be conducted given the quantity of goods at issue and also IMO the ALJ will probably rule quickly. He can easily take what the Staff has already recommended in line with Ward, Ware and Grewal AND the USPTO.
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