My opinion is that of the 184 or more infringers, that only 50 or perhaps 75 are of the size where a reasonable settlement could be obtained.

If you think about all of the company's that use flash memory, many are very small and in the end may not be worth filing a suit against them, unless a favorable markman ruling is effective enough to generate settlements without filing lawsuits, which is a possibility.

An example is ProForm, which makes treadmills. They use a flash SD card to store different exercise programs.

The bottom of the barrel phase 1 group must be fairly small and may yield a hundred thousand or so and would not be cost effective to file.