"but heck lets do it so we can discover the real truth."

That would take e.Digital and DM being unreasonable with settlements.

Kind of a quandary, if you figure we are at the infancy stage of the legal issue....and we are IMO.

The only way to force it, IMO, is by holding settlement figures high. If they do that, how does the court view it? Will it be viewed as being unreasonable on plaintiff's part?

I really feel we are not going to get to the Markman.....because the defendants are very reluctant to hand over the technical details at issue. If they settle 3 x's the last, they really do not want to go there....and a ladder is placed for the next round.

Seeing the defendants were unwilling to forward the information in written form, they are being forced through depositions, this amounts to the limited discovery originally sort.

The way I see it...Defendants now have to deal with depositions, as well a full discovery prior to the Markman for their unwillingness to cooperate.

doni