There is no interlocutory appeal in a Markman Hearing ruling.
Neverending....
FYI, the case has to go to a jury trial and only after the jury's verdict can the original Markman Hearing ruling itself be appealed...as it was in the Phillips Case.(coincidentally with Judge Krieger as the presiding judge)
Judge krieger is NOT taking the EDIG/MH lightly. There's too much at stake. She doesn't want another "not my finest moment" deja vu. (JMHO)
I further believe that the delay gives further strength to the notion that EDIG will prevail on at least one, if not both dispository construction claims....and perhaps the rest as well.
It has been postulated that the "average" turnaround time from MH court date to actual MH ruling on "complex" IP cases (in non-rocket docket venues)is between 140-150 days.
We are soon approaching the 140 day period and "perhaps" Judge Krieger has "already" decided on the two dispository claims and is working on the remaining ones now as well...Nobody knows....
I am a large EDIG shareholder. Nontheless, being as "objective" as possible, I think we have a good chance of prevailing.I would NOT be betting against EDIG on this case.
If we prevail, the "real" conversation becomes the depth and the magnitude of the settlements themselves, because there would then probably not be an actual jury trial (JMHO)....The "settlements" are all that really matter.
John/jtdiii
PS/OT...Neverending.I'll be seeing you on the WIN board....
AI
