I don't understand everyone's not understanding (wait....what'd I say?). LOL

Yesterday's motion and the fact that we haven't had any recent filings for defendant dismissals simply means no party has blinked. Everything is still on schedule to go to the Markman Hearing in Jan 11. Defendants made it clear in Doc 314 that they believe settlement or mediation discussions would be prudent after the Markman order (aka claim construction order).

Will any defendant settle before the Markman? Possibly IMO. Obviously settlement amounts requested by DM will increase if we get a favorable Markman result and some defendants may not want to take that gamble. I like that it appears we will go to a Markman so we can finally get a federal court's decision indicating the strength of our patents.

I personally don't think this case will go to trial because Defendants even state in Doc 314, page 15, "Defendants therefore believe that the earlier a Markman Order is issued, the quicker this case will be settled or resolved." The Markman Order gives each party a good feel of whether they would likely win at trial so one or the other suddenly gets in a 'settlement mood'.

Yesterday's motion also requests another Scheduling Conference sometime this calendar year to discuss Markman issues, deadlines/limitations, and other matters, in person with the Court.