Filing of law suits is easy. You pay your filing fee and you sue the world...
MM's strategy has never been "Filing" of numerous law suits...They have enough cases before the Court to get some cash till they have a MARKMAN RULING on validity of EDIG claims...
Once that ruling is obtained in 2010, and after the time to appeal it has ran out, it becomes Res Judicata on all similar claims filed by EDIG against other infringers.
It is then that DM will probably file one law suit naming 50-100 defendants plus 500 DOES, and proceed with serving it on infringers known thus far.
Thus, there is enough time for the "Depression" question to be resolved one way or another...
Gil...