I do not understand either...
As I understand, the plaintiffs originally filed to the court a suggestion of a two phase discovery process. Where in phase one (claims construction process) they would gather additional technical information from the defendants in order to address details that might not, or would not be aviable at this stage. This was offered for the benefit of the defendants as well, where if it was discovered they were not technically infringing they would be dismissed form the case.
The defendants ignored the initial consideration where the plaintiffs then entered a simple questionnaire to streamline the issue.
As far as I know....we have no idea where it all culminated....or what the court considered of it.
Not sure of the Phase two start, however during this process they would have access to the information, where it is explained by the plaintiffs that if the Markman has transpired prior to their obtaining the information they seek....they will apply for a new Markman hearing if the information warrants.
The question should be, have the plaintiffs obtained the information they seek in the phase one process?
doni
