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Message: 98Observer/Dischino / why would those thieving varmints risk a Markman Hearing?

I tend to agree with you.

The only thing I see that motivates them to settle prior to the next court date is that the infringers would incur fewer court costs. The setting of the Markman date focuses the defense towards the next phase which means further preparation, which is more costly.

I think they ALL know they will eventually settle, it's just a matter of the price point being palatable. IMO, the deeper into the process, the more it will cost them.

The last round the Markman was not in play. This round is quite different.

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