Just an opinon here bzone - but I'm not sure that falls under the concern of the Markman hearing from what I understand of the purpose of that hearing.
Mostly what is supposed to be done here is make sure that the terms are defined, that the 'facts' about the patent itself are decided ahead of time and themselves subject to question prior to going in front of a jury.
Whether, or not, there was a violation of the patent, the terms of the earlier agreement, or suppression attempts (and guilt and damamges that might result) are what goes up for arguement in March.
That was my understanding anyway from the materials I had read and the research that I had done to this point.
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