I like the answer from this guy. makes senses
StockTwitTracker
Jul. 27th, 4:14 pm
@McMeatNuts @RollThatDice This is a different court and obviously different case. We don't have an ITC Commission waiting in the wings with the power to invalidate the findings of the PTAB or CAFC. This judge - from what I understand - cannot determine facts about '912. Those are final and binding. I personally believe that NLST will ask for the stay to be lifted (or already has) the second they are allowed to. And the second after the stay is lifted, they will petition for a summary judgement.
StockTwitTracker
Jul. 27th, 4:14 pm
But - given the massive impacts of the case and $$ involved, my guess is the judge will prefer to follow the BAU course and have the Claim Construction completed, which defines the scope of the patent and infringement and is used as the framework to accurately determine damages. We really need to stop comparing the ITC case to this one. No one can take away '912 from us now. IT all comes down to a settlement, buyout or amount of damages. And how quick we get there. Oh yeah - also need the final patent examination before the previous appeal win is closed out officially.
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