I just cant see an ITC judge ruling against a Markman victory, several Markman Victories.
IMHO the path of least resistance is the Path that the ITC will base their decision, why would the ITC want to "Rehash" and start over with what the USPTO has allowed, what Judge Ward has allowed, and the judge Ware?
The ITC is not going to do that, they are:
- Going to look at the evidence
- Compare arguments against the USPTO victorius rexams
- Make sure that the terminology was considered by the USPTO
- If they catch the infringers lying...thats it, credibility lost!
And make a decision.... thats it.