e.Digital is coming to it's cross road.....it's still up to a jury in the end having considerations beyound the judges documentry considerations.
The strength of argument for each side is not realized until it reaches a jury that may or may not agree with a judge.
What I get from it all, a great degree of law has been decided with the Markman case that puts a judges consideration before a jury.....where in the Markman case the jury considered before the judges determination "as matter of law" igniting what transpired.
The argument of " judge vs. jury" did not start with Markman.....however, it more or less ended there, after centuries of legal proceeding bouncing around the issues.
always willing to learn...
doni