Judge Holderman appears to have issued his ruling on what constitutes RAND for Innovatio’s WiFi patents following his recent bench trial on the issue.  The September 27 docket entry notes his confidential ruling (under seal) as well as instructions to the parties to jointly submit by Tuesday October 8 proposed redactions to the confidential opinion for the court to review and issue a public redacted version of the opinion.  This decision is significant, whatever the outcome, because it will be only the second district court decision to provide judicial guidance on assessing what constitutes RAND (the first being Judge Robart’s April 25 decision in Microsoft v. Motorola).