I wish I understood what the bottom line is, but I don't.

Some feel 16 are going the distance, some feel many will settle and a few go the distance, so here we are once again...and without Gil's/jeother's and others input yet.

A friend of mine is a criminal defence attorney in SD and is following along on occasion, but does not own EDIG nor is a member here. We chat now and then when Pacer news hits, and he gives an opinion, but of course he is not at all involved in IP stuff.

Here's what he said...mind you, an opinion, plus paraphrased from a verbal conversation by phone this morning.

1. With what's at stake cost wise re: legal fees, for 16 to go all the way to Markman, with a risk of losing the farm, I seriously doubt that senario will play out, considering 10 outfits have chosen to settle, which to me, gives merit to the strength of the patents, even though they have not been challenged to date.
2. It appears on the surface the defendants legal team is calling DM's bluff, to possibly lower the demand, to facilitate settlements for those who want this off their back as cheap as they can get it. Then, those with deeper pockets or those who feel they can prove they did not infringe, will go to Markman.
3. If EDIG prevails the Markman, a trial is unlikely.
4. The problem now is, this move may extend the timing for a resolution, company by company.
5. Lastly Joe, DM and the defense team both play hard ball, that's just the way these cases are, and you can see this by what all the big guys are doing in the CE industry, with everyone going after each other year after year. At the end of the day, the law firm that says "CHECK MATE" wins.

Well, I remain confused...lol.