doni, I’ve been thinking about this a lot lately (as I know you have too).

I may have to re-read 296/297 again today just because... although I know I can’t reliably predict what the outcome will be no matter what I might think about the relative merits of the arguments on either side. I have enough technical knowledge to fully understand those details but in matters of law, am just a layperson. Yet I find the Pacer docs to be fairly straight-forward and easy enough to understand.

In considering DM’s strategy to date (what we know of it), I think they would maybe like to settle and move onto the next round (and bank some relatively easy money in the process). However they know they will have to "raise the bar" and take it all the way to an actual judgement at some point. Whether DM thought that now (in this 2nd round) would be the time for that or not, I cannot know. But it seems that the 16 remaining are united enough and have paved the way enough already that they at least want to go as far as the Markman hearing. Then again, maybe this was DM’s plan all along... who knows?

What’s the magic number against 16 companies that push it to trial ?

As I try to read the current situation, I do not personally think this will get to trial. I think it will go to Markman with the remaining 16 (or maybe 15 or 14) intact... then if Markman goes our way, all will settle before trial - for more money than they could have settled for before Markman, but still for much less than if they lose at trial. That’s my guess anyway. If we average only $2M (gross) per defendant after Markman, I think I would still be satisfied knowing that DM would be in good position to raise the bar even further for the next round.

BTW - DABOSS, I know you have stated a desire to see 3rd round commence before the 2nd round has completed, but I doubt this will happen. Business-wise, it makes good sense... but legal-wise (from DM’s point of view), they will probably focus on 2nd round exclusively in order to leverage those lessons in the 3rd. JMO.

- Sinkman