From Doc 240, this paragraph written by the Defendants:

Secondly, a Markman Hearing and Claim Construction Order should be the first priority
in this litigation. More so than other patent litigations, the Court’s construction of certain claim terms in the asserted patents in this case will be dispositive with respect to at least some – but possibly all – Defendants, based on a few simple and straight forward issues. Moreover, Defendants do not believe that mediation or settlement discussions will be productive until after a Claim Construction Order. In addition, the Plaintiff and Defendants have all agreed that very little discovery is necessary before claim construction. Furthermore, despite Plaintiff’s proposal above, the Plaintiff represented during its meet-and-confer call with Defendants that it would agree to a Markman schedule concluding no later than early Fall 2010.