If I understand what is happening, the real deal is the appeal of the Markman in federal court. Cruising the web suggests we have a 50% or better chance of reversing Payne's ruling in federal court. I still do not understand what is happening re. Payne's summary judgment. If the Markman appeal supercedes it, fine, but does that mean the March jury selection et al goes away until some undefined future date? How does a SJ loss and a possible Markman appeal win go together? If the summary judgment is upheld, what does it matter if we win the Markman appeal?