Let's not forget i2007s, that all the speculation on the admissability centered around the mediation that did not happen?

Mediation, I was told (by Faulkner's case manager) did take place.

http://www.agoracom.com/ir/patriot/messages/589816

The parties proceeded to mediation September 25-26, 2007. During the mediation TPL did not reach an agreement with any of the three sets of defendants with respect to the issues of the lawsuit, or with respect to potential licensing agreements broader in scope than the claims of the litigation. Jury selection is scheduled to begin January 7, 2008.

http://yahoo.brand.edgar-online.com/fetchFilingFrameset.aspx?dcn=0001019687-07-003409&Type=HTML

Today, TPL will file, and I would imagine that the cited case law will be scrutinized by more than just casual observers, so that when the defendants file on Wednesday, most of their citations will have been already considered.(In looking to grant a motion, it has to be shown why it also wasn't, and vice versa). Back to case law and precedent.

Be well