Doni , you said " The Markman will not validate the patents, what it does is remove the "matter of Law" issues. Once those issues are finally detailed, other judges in future cases have something to lean on with regard to the law and claims construction relating to the patents in question.

My answer is , An intellectual property expert during Markman hearing as a consulting expert can evaluate the strength of the patents in question and assist the attorney in determining the best strategy for any license negotiations. This expert or experts will use various patent databases and patent files that detail the history of the patent prosecution to make a determination as to the validity of the patents, the likelihood of actual infringement, and suggest the strategy.