I can only imagine the cost associated with this type of lawsuit...not good for the defendant.

So, what's it worth to settle? What's it worth to go all the way and end up losing and maybe treble damages..etc.

I like edig chances with DM right about now. Looks hopeful!

glta

Tom

p.s. skimmed through the article below and opened my eyes a little more in favor of edig.

These are just a few examples of situations in which the negotiation of a patent prosecution bar becomes much more complicated in a multi-defendant situation than in a single-defendant lawsuit. As the example illustrates, depending on who the competitor defendants are and what their interests are, negotiating the terms and scope of a patent prosecution bar can add complexity to the task. One company’s interest in ensuring that a competitor’s counsel not have access to its confidential information and then participate in prosecuting patent applications, so as to obtain patents that could be asserted against the company, must be balanced against the interest of other defendants who may not have similar concerns and may want their in-house patent attorneys to participate in the lawsuit.

http://www.hunton.com/files/tbl_s47Details%5CFileUpload265%5C1870%5CMultiple_Defendant_Paper_AIPLA.pdf