You said:...

"I wonder if DM will attempt to go this route"...

There is nothing to wonder about...

Why do you thunk DM is getting the Markman Hearing out of the way first?..

Once DM gets his favorable Markman Ruling in his hot little hands, it is Article III Motions all the way, and the PAY DAY will be upon us big time...

Google SANDISK V. S.M.T. Microelecronics, which essentially stands for the proposition that once you get the MARKMAN RULING the only thing left is the question of how much you are owed, and you cen get the answer to that faster by an Article III Motion...

ARE WE THERE YET?...Lol...Lol...

Gil...

G