Fact! The court system assumes there is patent infringement when a patent owner files a lawsuit. And when that proves not to be the case, judges are very careful (to avoid countless appeals) to take away the legal monopoly that a patent offers. A delay, or no news, is actually a good outcome. A bad outcome after the Markman hearing, if the judge said to J&J, let's proceed with the trial. You can make your case there. The most likely outcome after this long period of time is that the judge offers J&J a bone so small it is not worth gnawing at. But he saves himself being appealed and overturned.
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