e.Digital

"That may be true, but not as valuable I suspect.

I also agree that a favorable judges opinion would enhance the validity of our patents"

No question about that. What I suspect, however, is that, unless our demands are unrealistic, we won't see a Markman hearing for quite some time.

If our demand is seen as reasonable by the defendant why risk a Markman hearing? Everything comes down to risk/reward - on both sides. Stack up enough settlements with big companies and perceived validity increases along with the value of our IP. Corporate execs will begin to ask themselves - " if so and so settled maybe we should as well because they may know something that we don't."

A successful settlement track record will go a long way towards "unofficially validating" our patents and raising the stakes. Lose at Markman and we are done.