"The penalty could be that if edig has a favorable Markman, and you are found to have wilfully infringed, you may have to pay triple damages. If you settle 1 day after the favorable Markman, you have to pay more than if you settle now or at any time before the Markman."

That's not my understand, a Markman is nothing more than an opinion of a judge prior to going to trial.

Nothing is assessed at this point....Markman is supposed to streamline the judicial system. It creates action and decision making before proceeding to trial having a judges opinion attached to it.

doni