Patriot Scientific

Actually, if I recall correctly just based upon my brief review, the sur-reply indicated that the MSJ could, and should, be decided without any further discovery or anything else, but that if the court nevertheless denied the motion, then Barco wanted to be able to take another shot at it later. It doesn't really matter, because the MSJ is currently off the table.

The usual time to file an MSJ in a patent case would indeed be after the Markman ruling, so, should such occur in the present matter, it will be nothing out of the ordinary. What was unusual is that Barco filed one before the Markman.

Best wishes.