"Also they gain experience to see what the defense is going to bring, which could be invaluable.
Why would they roll the dice on #7 of round one?"
It never made sense to me that DM/EDIG would put a stake in the ground this early in the game with everything to lose by an unfavorable Markman result. The most sensable strategy was/is to get some initial settlements while probing the defenses and then file against a much larger number on companies, head to a Markman. With ample cash and some success under our belt we can negotiate much harder and settle for an amount closer to our demand.
I've stated this many times: most company executives don't have the stomach to take this all the way through Markman - too much to lose. Stack up the defendants and watch them settle as a Markman date approaches. That's the reason I thought we would see additional filings earlier this year.
Did DM see something in the defensive action of one of the defendants that caused them to step back and change their strategy or was this the strategy all along? In any event, I see the Samsung settlement as an opening for additional suits unless there is something in this agreement that will shock us.
