Thanks Sman. I think the judge is saying, in a sense, "Let's cut through this preliminary b.s. and get to the real case where we can consider actual infringement issues and claims construction. This isn't the time for it. I'm not prejudging anything. Game on!"
To address this argumenton the merits, the Court would have to engage in claim construction and infringement analysis, both of which are premature at this stage of proceedings. Claim construction at the pleading stage without the benefit of the claim construction process is problematic and may be inappropriate.
Defendant’s motion for judgment of non-infringement is therefore denied.
