You asked:...

"Is this to imply, in your opinion of course, DM will strive to avoid Markman for the remaining 15 of 19, by taking all the steps per dates/events per doc 240, and provide the incentive to settle, as did DM do for the TX 7, plus 4 of 19 thus far?"

Your guess is as good as mine...

But, the point in my post was that DM took a year before signing on as EDIG attorneys on a contingency basis...

They must have thought of such contingencies you raise. And, in selecting each group to list as defendants they must have made preparations to go to a Markman Hearing...

DM does not have a VETO POWER over the Markman Hearing. Defendants can ask for it, as it was done in the Group of 19 case. Unfortunately for them, they jumped the gun and DM objected to it which was upheld by the Court...

The life of a law suit is (1) Filing the Complaint; (2) Perfecting SERVICE of each defendant; (3) Filing the proof of service with the Court implemeting its Jurisdiction on the parties; (4) Filing of ANSWER by each defendant; (5) disposing of any preliminary MOTIONS contesting issues such as Jurisdiction, etc.; (6) Following timelines re discovery, and arriving at time set by the Court for a Markman Hearing, after which the matter goes to trial to a Jury for a Verdict on the extent of damages. This is what takes time.

Of course at any point DM can drop his law suit and terminate the case against defendants. However, I can go on limb and say that I assure you, for every law suit DM files, they have thought about every step of the way, and they are here with a PLAN to make money for EDIG and themselves.

As to when they will be ready for a Markman Ruling, they have said by FALL of 2010 for this batch of defendants. Whether that will happen or they will settle with all and go to TIER II only CHE or YOUNGWORTH and their secretaries know...

So, send and e-mail to one of those guy's secretaries and see what comes forth...Lol...Lol...

Gil...