Without a Markman, DM is averaging $1.3 million. With over 150 cases left, that baseline approach yields $195 milliion with EDIG's take being $117 million.

That is not enough for DM or EDIG, hence the Markman, to fine tune the judge's focus for trial to raise the bar. We don't win or lose in a Markman hearing. Certainly the claims construction can favor one side or another but the case proceeds to trial or settlement after the Markman.

This is not an all or nothing proposition...that's all I am saying.