e.Digital

"Repeated settlements are not Res Judicata and do n ot avail plaintif to Article III proceedings..."

I wasn't suggesting that repeated settlements would avail a plaintiff to Article III proceedings. I'm not sure I understand why you brought up Res Judicata.

What I am suggesting is that most company executives don't have the stomach to go to a Markman hearing and, because of that, we should see many settlements before we ever get to Markman. I also stated that the settlements will continue until such time as our demand is not acceptable to a particular defendant and then we will go to Markman. My scenerio has nothing to do with Res Judicata or any other legal concept. It has everything to do with human nature and the degree to which company executives eveluate risk.

I agree that eventually we will go to a Markman hearing and it will be percipitated most likely by a company unwilling to pay what we are demanding.