GREY:ZMSPF - Post by User
Comment by
Alba1314on Feb 03, 2014 10:26am
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Post# 22165525
RE:Dec 11th Judge Comments
RE:Dec 11th Judge CommentsA Markman hearing does not determine guilt. It rules on language and structure of a patent claim. While a favourable outcome of a Markman hearing for a plaintiff will usually result in the defendant settling, it is up to the defendant to decide if they want to settle or take their chances at a trial. The Judge must carry on the proceedings. Look at it this way: during a murder investigation, police burst into your home and find a knife with the victims blood and your finger prints on it. If that's the bulk of the evidence, and a judge deems that the evidence can't be used because the search warrant was illegal, the prosecution might as drop the case. But that is for the prosecution to decide! The judge must carry on with proceedings even though a guilty verdict is probably not going to happen. Settling is not the Judge's call to make