The FTC is still nowhere near getting an injunction, but based on how this examination of Professor Carlton has gone so far, it's possible that Judge Corley is now skeptical of parts of his expert testimony. That still wouldn't make a difference in the end.
— Florian Mueller (@FOSSpatents) June 28, 2023
🧵138/X
All that Microsoft needs to do is identify issues with the FTC's economic expert testimony. I believe that was already achieved just through the cross-examination of the FTC's expert. Plus, Dr. Bailey's testimony is likely to be deemed reliable and relevant.
— Florian Mueller (@FOSSpatents) June 28, 2023
🧵140/X
Judge Corley to Professor Carlton: What were you aware of then when you wrote your report and formed your opinion?
— Florian Mueller (@FOSSpatents) June 28, 2023
Like I said, she does appear somewhat skeptical of his work, but again, even if so, that will not be outcome-determinative.
🧵141/X
When Professor Carlton wanted to elaborate on an answer after saying "correct", Judge Corley cut him short: "correct" so that they could move on
— Florian Mueller (@FOSSpatents) June 28, 2023
🧵143/X
Essay Pro