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Wednesday, August 28, 2013 10:21:27 AM
"Is there some other interim catalyst at play here that you are anticipating?"
Yes:
1. I anticipate a PR stating the USPTO correction is in hand (has arrived in WDDD's mailbox).
2. I also anticipate a request by Susman Godfrey that the Markman hearing be scheduled either in place of MSJ hearing or in addition to (same day) MSJ hearing, making the case that since the USPTO office paperwork is in hand, the MSJ hearing is a waste of judicial time.
I suspect #1 above will take place within 1-2 weeks (3 at most). #2 above is conjecture on my part. I will not be surprised if #2 doesn't take place at all, but neither will I be surprised if some version of #2 is requested, even if Judge Casper turns it down.
Just thinking out loud.
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