Dear Gentle people...

FIRST:

In his courtroom Judge Ward is the 750 pound Gorilla. He does whatever he wants, in applying the law to the facts presented to him, and he does not take his cues from USPTO. His decisions are only subject to appeal...

SECOND:

PTSC case has been before him for a while, and in line with the Court Rules it has been set for a Markman Hearing on May 6th, 2007...

The parties to the case have been given ample opportunity to present all their contentions to judge Ward, and he is to make a decision as to what "Facts", (including the 10 points raised as to 336 being invalid), are to go to the jury for their determination at trial...

NOW!...

(a) I suppose everyone who has been reading this forum knows by now that the 10 points raised by PUBPAT in their Ex Parte application to USPTO have been around for at least couple of years as a matter of public record.

(b) Every one also should accept as fact that in his ORDER setting the case for a Markman Hearing Judge Ward must have ORDERED the parties to file their briefs on all contested facts, (including the 10 points regaring the invalidity of 336), by a certain date for his decision...

Accordingly, the Markman Hearing shall be held and not put over...

If the 10 points are raised in the partie's briefs, judge Ward shall render a decision as to whether they will be thrown out,( a matter that has been discussed in previous posts), or they are of sufficient significance that they should be allowed to go the Jury during trial...

IMO there ain't nobody walking into judge Wards' Court and telling him "Judge, we heard USPTO gave a hearing to PUBPAT on their ex parte application, thus we want you to put everything on hold here till they decide the matter may be in the next two years. This is preposterous. He will ordere them hanged right then and there...Lol...Lol...

GLTA

Gil...