I too have read all the most recent Pacer docs in their entirety... AND appreciate silversurfer’s contributions.

While I can see how you’d get the impression (that the judge seems to favor us?), I don’t put much stock in such perceptions. What I’m really waiting for now is DM’s reply to Doc 309 (Defendants Motion to Continue Stay of Discovery) along with of course the judge’s ruling on same.

This to me is going to set the stage for the next 4-5 months. If the judge rules in favor of DM and allows discovery to continue, then the coming months should be very interesting and we may even see a settlement or two (or 3 or 4 or ?) along the way before year’s end.

If however the judge rules for the defendants and once again stays further discovery until after Markman, then I think most if not all of the defendants will be more likely to wait it out betting on a Markman decision that is favorable to them.

I should think we’ll see DM’s response to Doc 309 within the next few days. That’ll give us something else fun to read.

- Sinkman