Silver...
Thanks again for what appears to be an extraordinary laymans interpretation of the ruling yesterday.Your objectivity and clarity are greatly appreciated.
Just so that it is clear to everyone, yesterdays ruling does not affect the 1/28 Markman Hearing. The ruling only deals with the upcoming "trial" later this year..."if" it even happens
Unless I'm mistaken, it would appear that there is still one ruling remaining regarding the actual 1/28 Markman Hearing..
That is, the issue of whether or not the court will allow the defendants' only extrinsic witness, Dr. Mihran, to participate in the 1/28 Markman Hearing.
Dr. Mihran's sole original purpose, per the defendants' original filing, was to rebutt the testimony of Dr.Maltiel, an original extrinsic witness for Duane Morris.
Since Duane Morris later decided to rely solely upon Woody Norris as their sole extrinsic witness, Duane Morris excluded Dr. Maltiel.
Therefore, Duane Morris filed to have Dr.Mihran excluded as the defendants extrinsic witness, since his sole purpose was to rebutt the testimony of Dr.Maltiel.
The actual inventor, Woody Norris, will be Duane Morris' sole extrinsic witness, and Dr. Mihran was not originally submitted as a rebuttal witness to Woody Norris, but a rebuttal witness to Dr. Maltiel.
If a ruling is made in our favor, then the only extrinsic witness at the Markman Hearing will be Woody Norris, an extraordinarily compelling and convincing public speaker.
Interesting to read after the fact..................Nice Job DM lawyers!!!
