Interesting, the triple damage aspect.

Put yourself in the defendant position. Lets say the Markman ruling is favorable to DM.

a) DMs settlement amount is reasonable, so you settle

b) DM makes the amount so high that it forces you to go to trial facing a possible triple damage situation. What are the odds of a win or loss? A risk analysis for both the defendant and for DM.

c) Trial could delay decision for years and appeals could futher delay future decisions for future lawsuit filings.