I agree that our viewing of the ongoing documents will probably be limited. I don't think that applies to the Markman or other rulings by the judge though. At least with sealed documents we can still see the case progressing. The only thing that really matters is how the jury views the information provided at trial. I don't think the judge will rule for a summary judgement against Calypso on the non-infringement or invalidity motions posed by Tmob. There are too many factors involved that a jury must hear. I don't think Tmob has presented a clear cut case of non-infringement or invalidity. They are trying what they can to get the case dismissed without having to go to trial. I just don't see the judge stepping in before a jury hears the case. This case can go to a jury right now without the additional documents requested of Tmob. There is enough information to show Tmob did in fact talk with Calypso about the patent. Sometimes these attorneys ask for more than they need anyway. One thing we can keep abreast of is the trial date. That most likely won't be sealed and that is really what matters.
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