I believe that there was a lot of stupidity that was involved. Back then EDIG partnered with a lot of companies that today they are at litagation with. How many times do you need to get burned before you get your hand out of the fire. Time was on their side. They could make the enormous profits while they used your product and you then need to litagate to get a crumb if and only if a judge say's so.
The markman can change all of that. But then if the deals made are like what we have seen, others will be made rich while the rest of us will whistle. I know that is negative, but I still hope that something might just go our way. Heres hoping. Ted