Agree. Now facing a Markman Hearing filed by the best IP defense firm in the country, Ropes & Gray would definitely cause "the defendants to think different now than when first served." R&G has grasped their first infringer by the throat. They strengthened their grip by the smaller font size that the judge allowed! This enabled R&G the luxury of presenting more pages of facts and figures in the Markman filing to the judge. That has further strengthened their case. A Markman Hearing is a high stakes game of legal Russian roulette. Permiting that smaller font size enabled R&G to put another round or two in the legal revolver before handing it to the infringer's atttorney. The only question now is, how lucky does that attorney feel today? They have a chance to put the treble damages revolver on the table with reasonable settlement offer. We'll know if they are foolhardy or fiscally prudent on Monday. GLTA longs!
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