I tend to think that if the attention between the plaintiff and defendant surrounds the cost of e discovery associated with an ensuing court case, it may be an acknowledgement by both parties that the markman hearing is likely to go our way and that the ensuing court case is inevitable. I'm no fountain of knowledge when it comes to this stuff however, so it could alternately be a case of the defendant covering all bases. Anyhow, here's to hoping it's the former...