"And I agree a Markman should be saved for the embedded 445.'

IMO, it's an authoritative matter tailored into the succession of judicial discipline in dealing with highly technical matters.

It's not a matter of saving it for anything.....it's now part of the process that the court weigh-in on patent verbiage and meaning.

DM has no control over it, or its assignment....other than presenting their considerations.

DM works two fronts, 1. staying the course of the plotted judicial proceedings, and 2. work on details to settle.

1. has nothing to do with 2, where, it's hoped that a settlement objective is reached.

The objective can be more than just an instant monetary gain.....at minimum I say 10 year plan is in the works.

doni