"The Markman is designed to resolve disputed claim constructions so that the parties will know in advance what constructions will be given to the jury (or, in a bench trial, used by the judge) for use at trial in reaching a verdict --- these are issues pertaining to infringement, NOT validity."
When a judge makes a decision with regard to the Markman hearing...I was under the impression that there was a decision that could point favorably to either the defendant or the plaintiff.
IMO, there is a degree of soundness, if there is a favorable consideration befor a trial.
doni