What about the possibility of our team filing a motion for summary judgment? It seems that action would prompt a sense of urgency, at least for the Js, to settle. Would a clear Markman win on even just one of the patents provide adequate justification for filing (if settlement negotiations are going nowhere)? With the results of the Markman in hand, is there really that much of a down side to filing?
As I have posted over the weekend, it seems that an our team has left an openning for the Js to settle with grace (based on the PR). But it just seems to me that if our team isn't seeing positive progress, it would be time to pull the trigger and play hard ball.
Thoughts on these specifics?
TIA,
SGE