Your analysis is correct ans the question you raise is legitimate...

"and yet............they haven't sued apple..............................................."?

THE ONLY LOGICAL EXPLANATION IS LEGAL STRATEGY BY DM....

DM took a year deciding if they wanted to get involved with EDIG. Or, in their words determining if EDIG fit their 75% chance of success before they singed on...

And, knowing that they committed their money, (because of the Contingency Fee Agreement they signed), in additiion to their time and reputation, they developed a PLAN, form A to Z of how they would sail this ship through some very murkey legal waters...

No one, not even Apple would deny that EDIG was the innovator in hand held devices be it music players or cell phones...

The legal strategy qusetion faced by DM was how to launch the litigtion?

When you have a list of probable 200 defendants with potential claims approcahing billions, and you have to fund the costs of the law suit, it is foolish to take on the guy wh has $80 Billion in cash, ( that is Apple), and get in a shouting match with him for over 10 years while you are funding the litigation, NO?...

Thus the PLAN of doing this in TIERS, or stages...

TEIR I. Get 7 defendats sued in Taxas Rocket Docket, and pile up some change to cover the "Costs" as you go along...

TEIR II. Name 19 defendants in Colorado and get the case before a Judge who gave you the PHILLIPS case, stacking the deck for a FAVORABLE MARKMAN RULING...

TIER III... File a law suit naming 30-50 prominant defendants, (Like Apple), and DOES 1 TO 150, and proceed with Article III proceedings against them as you haul them into Court...

Don't fret. Apple in coming, Apple is coming, AND ALL THEIR $80 Billion will not help them escape DM'S NET...

GLTA...

Gil...