I think I read the RIMM case had upwards of $10M in legal fees and is still in appeal.

It is not cheap to fight a trademark or patent case.  Many times it is simply easier to strike a deal you can live with even if you believe you can win.  The costs are more than just the legal fees when going to court.  Senior managers and execs have to take time away from what makes the company money -- running the company.

DM has the ball, they may not run with it on our time line, but I doubt they drop it.  Reputation matters in the leagal biz.

John