e.Digital

"That is why DM took the Markman case up to the Supreme Court and convinced them that it would be much better if the liability part of the litigation was handled by an experience Judge armed with her/his own set of experts to wade through technical scientific jargon and decide the issue of liability, leaving onlt the question of damages to a jusry to decide. "

The judge unless he/she is trying the case without a jury does not decide the issue of liability. The judge decides the issue of the tech language/issues or meanings that will be allowed to used during the trial. It is true that if the judge rules heavily in the favor of one side the outcome can be predicted. Most cases are settled at this point. If they aren't settled, then a trial is held using the the"jargon" ruled by the court(Markman Hearing) and the jury/judge determines if there is liability and if damages are the remedy.