RE: what does any of that16 Mar 2021 18:12
BTB as has been discussed before, the Markman is going to be pivotal in the context of this case. It’s a proxy trial in which a judge examines evidence that would be put before a jury to see if both parties meet the bar in terms of a comprehensible and sound case. Namely, if the patents are sound on Nano’s side and if Samsung have a reasonable reply to infringements on their side.
If the judge spots serious deficiencies in one or the other party then it’s called as such there and then, thus preventing a potential waste of money all round taking it to trial by jury.
Given this, the markman, to my eyes at least, seems absolutely critical to how this pans out from here.