Yes, I believe you are 100% correct.

To date, I do not believe a Markman hearing date has been set or, has not been posted. 

If the PTSC style of "early adaptor discount" applies, it makes sense to wait for some "outside" validation though a Vivitar settlement and / or a Markman ruling.  Either way, a positive Markeman ruling would relate to the one case.  That case would need to be as broad as possible to be used to beat other mean ole copy cats over the head.

My guess is that is exactly why Vivitar was first, but that's just speculation.

Enjoy Palm Springs and working on your backstroke!  It you see animals marching two-by-two, you may want to head north.  lol

John