RE:A sure win?There are four differences between the LMI trial and the Citrix case;
1- The judge in the LMI trial was clearly biased as shown by necessitating a pre-trial CAFC hearing to define `Location Facilitor` and then ignoring the CAFC ruling by allowing LMI to dispute the meaning.
2- B&H mangled their case by not objecting to the judge`s rulings in a timely manner. The Lead Counsel lost his job soon after.
3- Estoppel prevents Citrix from arguing the definitions in the claim construction as set in the Markman ruling. e.g. Location Facilitor.
4- It has been suggested on this board that Citrix incriminates themselves with inhouse e-mails which makes the case for willful infringement.