It IS a step in OUR favor,--- 'such as it is'...
"Upon analysis of the Kessler doctrine, Magistrate Judge Grewal concluded that the doctrine does not permit a defendant who prevails at the ITC to use the ITC noninfringement decision as a basis to dismiss the district court action".
IT keeps HOPE alive...
PS.. the Patent dispute seems to have strayed FAR from the merits of the invention..
And DEEP into the FOG of LEGALESE.. IMO