Maybe so...but my thinking is that no one is going to pay a lawyer his/her 400-500 bucks and hour to go negotiate from a weakened position..patent is question at the PTO...esp. when the other side is not only saying they don't infringe on your patent but your patent may not even be enforceable. Meanwhile the other side is saying the same thing basically...instead of paying a legal fee for fighting this now...let the patent office do their thing for free and we may not even have to pay to fight this thing in court and save ourselves a lot of expense.
JMHO