Could it possibility be that the judge didn't like the reference to the Phillips case that DM eluded to and was a bit smarter than we think.

She issued a ruling on a single aspect of the claim construction and forced Edig and the DM gang to consider alternative strategies. 73 is in limbo and figured that DM would want to proceed with settlement of the remaining defendants. Her strategy erased the probability of another reversal had she gone all the way with the ruling.

If DM choose not to settle and take the case to trial, then the ruling she made would have been in effect and more difficult for DM to get a favorable trial decision.

A gamble of her part, but it looks like it will pay off and DM will have to pursue other legal alternatives elsewhere to prove their case.

Perhaps the reason it took so long for the ruling is that she studied her chances based on various decisions and made the best career move. She knew it would be difficult to argue that her technical knowledge was limited and developed a master plan that would put DM on the defense.

Was she smarter than we think?

Or did all this happen because she and her advisors lacked the skill to understand the patents in total?