As you note, DM feels EDIG has a 75% chance for success based on its criterium when evaluating cases.

Correct me if I am wrong but the Markman is not necessarily the final verdict, but more of a claims constuction, and the defense has more to lose than does EDIG. The broader the scope the bigger the exposure for them. Just this week we have seen $600 million IP infringement cases go down.

EDIG has stated their tech covers cell phones, etc, so Apple indeed does appear as a likely candidate. SAMSUNG and NOKIA have already been named so it does not seem like a stretch to expect Apple to be part of EDIG's ongoing efforts.

"Markman hearings are important, since the court determines patent infringement cases by the interpretation of claims. A Markman hearing may encourage settlement, since the judge's claim construction finding can indicate a likely outcome for the patent infringement case as a whole. Markman hearings are before a judge, and generally take place before trial. A Markman hearing may occur before the close of discovery, along with a motion for preliminary injunction, or at the end of discovery, in relation to a motion for summary judgment. A Markman hearing may also be held after the trial begins, but before jury selection."