Most of your "Thoughts" are anaccurate reflections of the wishes and aspiration of everyon here has for EDIG...

I found only one flawed...You said...

" think most are wrong here in their assumptions as to why the Markman hearing is so far out. It's not because DM was "outlawyered" but because it controlled the "lawyering'. I think DM wanted a particular venue, with a particular judge more sympathetic to a cause such as the one being brought by EDig/DM and two years from now was the only time on the schedule. However that does not mean it will be two years from now. It is not written in stone. If an opening jumps up to DM's liking, and Vivitars, it could take place much sooner."...

Yor "assumption" that DM has agreed to a MARKMAN HEARING DATE in May of 2010, because that was the only date "AVAIABLE" is not what took place here, and the "Implication" that the MARKMAN HEARING is SET for May 2010 are not supported by any facts that have been brough to the attention of this group thus far...

AS I SAID YESTERDAY:...

All partied were ORDERED by the COURT to appear on May 1st, 08 in MARSHALL, prepared for for setting a DATE CERTAIN for the Markman Hearing...

Considering this fact, the lawyers had no option to tell the COURT we are ready by May 2010, and it is afe to assume that there was a discussion as to why it should be so far out, in that it does not comport with Judge WARD'S reputation of not putting up with any non-sence at prolonging the litigation any longer than it is absolutely necessary. There is nothing in the record to show that the date was chosen to accomodate Judge WARD'S busy schedule...

May of 2010 is the date agreed to by the lawyers for submiting it to the Judge. It is the outermost date they could agree on. Now that they have given that date to Judge WARD, he will be the one SETTING THE Markmen date...

I strongly urge everyone not to assume anything in this area until we have heard from Judge WARD as to when the Markman Hearing date IS!...

I seriously doubt that DM were oblevious to the fact that it is the JUDGE who sets the Hearing Date, and not the lawyers. And they counted on Judge WARD'S reputation that he shall be proactive as usual and shall set a date earlier than May 2010...

GLTA...

Gil...