< I would rather wait a little longer and see how the court rules on various patent construction situations that the T3s have bet their case on.>
I seriously doubt that the opposing side has bet their case on patent construction. Given what was construed in Texas, I would consider such as being a long shot. But the Markman is perhaps their last line of defense. Probably figuring how to minimize the pain at this point. There is no way they would allow this to go to a jury. Do you really think they can overcome all of the infringed claims of all of the patents?
Think about this. If you were sitting on the jury (forget about all the technical aspects). A foreign company is accused of infringing on multiple claims of not one but several patents held by a US company and has refused reasonable licensing while making a killing with their infringing products. Without knowing anything else, how would you vote? Would you need to know anything else?
All IMHO,
Opty
