I hear what you are saying, but find it extremely difficulty to think this has anything to do with trial setting.

<In situations where one of the parties requests a CMC, it should be obvious that the requesting party is signalling that it believes it is at a stage of preparedness where a trial setting is desired. >

There is no Markman yet and TPL is still trying to get needed tech information from the plaintiffs and their suppliers. While the plaintiffs might be ready for trial, I don't see how TPL can even guess when they might be.

In any case, Thank you for your input.

Opty