Was about to write a post about the (unclear) outcome of the Markman hearing in July, where many have asked for my opinion and analysis.
I didn’t have much to say, really… The court order says Indefinite, which is reason for invalidity.
But that decision was not yet (taken or) out. So my take was wait and see…
Now it happens so that the judge did come out with a final judgement of invalidity yesterday (Aug 2)
This kills the case!
However, I am sure we will see an appeal filed and going on for a year or so.
(At an higher instance, that can send back the case to the district court)
Considering it survived IPR at PTAB, which is unusual (PTAB has an invalidation rate of 84%), and the indefinite term was dealt with during the IPR. So there is a chance the appeal can succeed.
So, we still have to wait and see…..
Iwerback Patent Report (IPR) 
But is it not strange that markman killed the case? Is it just the definition that killed the case?
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Markman can sometimes invalidate claims.
Problem here is that it is ONE asserted patent and ONE asserted claim.
You would normally want more when going to court. All claims/patents wont stick in litigation. (as we say in the business)
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