And there is Appellate case decision holding in essence that once a Markman Ruling is made that a patent s Valid, the only question left for the Jury to decide is how much is owed by the defendants to the plaintiff..(see, Sandisk v. S.M.T.Microelectronics)...
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Gil, I think if the Markman ruling validates the patents, and if we go to trial, DM would have to prove to a jury that each defendant infringed on our patents and to what extent. Then, monetary damages would be decided based upon the degree of infringment by each defendant along with possible punitive awards.
Right?
