Imo, Mr. WDDD said to SG: "What the heck is going on with this MSJ ruling?", so SG says to the court: "Hey, we want our markman! What the heck is going on? Make a decision already!" I have been here so long that my shares are growing moss on one side, but we will have our day in court, sooner or later. GLTA
The move could have been nothing more than a prod to remind the judge this is still on her docket. I agree with you that the 'safe" thing to do is deny the MSJ but given that this may be some sort of precedent decision, it has to have some gravitas to it. Regardless, enough time has elapsed even with the Bulger case in the mix and at this point WDDD could probably start to make some noise about being harmed given the delays...