"Could Samsung be aligning with EDIG as you suggest? Quite possibly."

again, (for those who missed it yesterday) this would allow the door to be kept 'open' for the future:

THIRD:

(3) Samsung lawyers also agreed to dismiss al their claims of INVALIDITY relating to 445 and 108 WITHOUT PREJUDICE, which means they can raise them in the future.

IF they are considering a buyout, they want these patents intact (I'd venture to say that would be true with any entity looking to tender an offer on EDIG). Assuming that the DD determines a buyout is not a good use of Sammy's cash, then they have the opportunity to bring up the claim again.

Quite possibly, the number crunchers are looking very seriously at the patents and doing the DD needed to determine if Sammy wants to be the company that 'controls' FLASH, and what the true value of that is.

Or perhaps DM was just being overly broad and wanted to cover all options.