The song goes; "you gotta know when to hold than, and you gotta know when to fold them"...
The problem you face you are negaged in second guessing DM in a game they are Masters of, and you have no inclination of what the facts are either...
DM is retained by EDIG and according to their agreement, EDIG calls they shots as to when to Hold them and When to fold them...
From what I heard reporeted of the last SHM, RP's response to a question about why Samsung settlement took place instead of going to Markman Hearing, RP responded something to the effect "I wish you were sitting on the table negotiating for EDIG"...
This clearly tell me that EDIG was the one that decided a "Bird In hand", (whatever that turns out to be,) was better than "10 in the bush"...
In short, EDIG would first FATTEN its bank account as much as they can, before they goe "all the way" assuming the costs of trial, and the risk of getting a negative Markman Decision...
Gil...
