"Although this minor modification to the district court’s construction likely does not affect the outcome in this case, because the parties stipulated to non-infringement under the district court’s construction,"
This is the GREEN LIGHT to the district court judge from the appeals court to end this case. All the district court has to say is the new claims construction changes nothing and the appeals court backs up his decision. That is how these things work. Those words above are his justification legally to dismiss the case. In my opinion...and theirs!
Here he is right (but alredy wrong re. appeals court) since: ...because the parties stipulated to non-infringement... IMO thats why the appeals court talks about likely outcome. Their job is done by changing the Claim Construction (CC) plus: ...We vacate the district court’s construction and remand for further proceedings...