"My thought is that if DM has raised the bar enough, then there should be no settlements prior to the Markman decision. "

My guess is that settlements values will likely vary from defendant to defendant, depending on their exposure, historical sales numbers and projected sales numbers...just as we saw some minor players opt out very early in the process.

As this continues to play out we can at least be satisfied that it is nearing a crucial point for this process to ramp up.

Looking forward to seeing round 3 emerge as much as round 2 conclude. I hope we are thick in settlements and record revenue numbers before obama raises the capital gains tax rate !