"HTC counters that the ITC investigation, in particular the ALJ’s initial determination and the Staff Attorney’s positions, constitute objective evidence that HTC should be able to rely upon
..."to overcome a charge of ...willful infringement".
TPL’s motion to exclude evidence of the co-pending ITC investigation is GRANTED"...
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Notice that it does NOT state for purposes of determininmg infringement,,'PER SE',,
But for "Willful".infringement.
Are they anticipating a ruling against HTC/themselves? And are actually trying to head-off
a possible enhanced damages scenario.?
Trying to read the 'TEA LEAVES'.