sman998:...

Thank you for your efforts to "Educate" the Board on the naunces of the practice of law. I expecially liked the following paragrph from your post:..

"Wise Plaintiffs and Defendants are always open to the possibility of settlement. Patent infringement cases are grueling and expensive endeavors, and a settlement may be the best resolution for everyone."...

FIRST:

Lawyers of the caliber of DM and their oponents "WISE" indeed. They would not have risen to the stature they have attained unless they had learned the "BUSINESS" end of the practice of law...

SECOND:

The "LAWYER SPEAK" that comes through the PACER filings is often a clue as to where the parties are headed, and often may be not easily apparent to a lay person reading the printed words...

For example much has been said here on what the parties meant in their briefs filed with the Court. There is no substantive issue that defendats have raised. The main point seems to have been to "Exclude" any testimony from the "Inventors"...

This is good news for us. It means the defense lawyers are laying the grounds for an Appeal as they seem to raise the issue of divergent Appellate Court decisions on the question of whether an Inventor's testimony can be considered during the Claim Construction by the trial court?. For if they loose, they can talk their clients to Appeal the case to Supreme Court insuring more billable hours for them...

LASTLY:...

I said that was "Good News" for us because if the Judge Krieger rules for DM I seriouly doubt defendants would take the case up further on this issue. And if she rules for defendants DM will take it up tomake LAW in this area also...

To conclude, by the time the Markman Hearing date is announced on 7/30 we will see if the United Front of defendants holds. My guess is still we are going to get some "Settlements" before the Hearing itslef. And thus far there is no indeication that DM will not get their favorable Markman Ruling from the trial Judge...

GLTA

Gil...