BB,
Not exactly. The judge’s summary judgment ruling signaled very clearly that she wanted to hear the expert testimony on at least the infringement issue, and that is not unexpected in this kind of case involving an issue like indirect patent infringement. Once she hears the competing experts, she can make a decision who she decides is more persuasive. That decision will be very, very hard to challenge on appeal, whichever way it goes. She is setting this up to limit the chances she could be reversed on appeal. That is what smart judges do, just ask one. That is what federal judges care about more than anything else. If no settlement, the best we can hope for is a decision based on her decision that is based mostly on her acceptance of our team’s expert opinions. That would be largely unassailable on appeal.
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