As long as DM is looking for a few million in settlements when these companies have billions of dollars of exposure, I doubt they would give DM much trouble with settlement since the cost of extended litigation far out weighs $1-$5 million settlement fees...hence the low hanging fruit concept.
DM knows what they are doing.
The tier 2 grouping appears to be targeted with a much different game plan....I think most infringers would be happy to be part of the tier one phase.