Good logic, and that may be the plan, and it probably would work.

I like my plan better (! - LOL).  Remember, not only the Judge has let this fully play out, so has our team (with Markman/SJ leverage not yet applied).  I still hope/think that our team will stick to big numbers through mediation - pure hard-ball, and "let" mediation fail.  Our hard-ball numbers must be based on some sound reasoning, however, to indicate that we are negotiating in good faith.

Once mediation is reported as "failed", we file a motion for SJ.  The Judge grants based on Markman results, and we have "command" of the settlement negotiations.  Those hard-ball numbers have a better chance of being the "real" numbers, or at least a lot closer than in you scenario.  Either settle or risk a damages proceeding by jury, and the possible (but unlikely IMO) threat of treble damages.

Bottom line in either scenario is settlements (with no chance at appeal).  Then the dam breaks open....

I'd sure like to see JWard reject those shopping-list filings to cut the defendants off at the knees.  I'll be a little shocked if JW elects to allow this litigation to turn into a free-for-all.  He appears to be a very thorough guy, so I'm hoping he studies the facts to the nth degree and sees the weaknesses (some of which are so blatantly obvious, like the Higgins/Fish letter and Moore's acknowledgment of Fish re: the "Fish Clock" versus "Fish was a marketing guy").

Rejections by Ward will secure me in a comfort zone....  Settlements - utopia zone!

SGE