Friday's motion may have just been SG way of getting the judge to set a markman date along with her ruling on the MSJ. I am assuming she does not have to set a date at the time she rules n the MSJ. Maybe someone here can confirm that? She may decide to wait on setting a date to hope the two sides decide to settle especially if she denies the MSJ. I learned a lot about judicial manipulation from the VRNG case haha.
As discussed in the past judges hate getting overturned on appeal. So that begs this question. Which ruling would have the best chance of getting overturned on appeal? It seems to me the conservative approach would be to deny the MSJ and let the trial judge and jury sort it out.
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