LL
"It's got to be one way or the other. I say let's swing for the fences because I am concerned that settlement money is not going to be enough set up the future defendants sufficiently to have a big impact on PPS."
It doesn't have to be "all or nothing" at this point in the game. It has been clearly proven that some companies are willing to settle - in our case all of the (exclude Vivitar).
I outlined a few risks of going to Markman but there are many more. I suspect there are cases perculating through the legal system that could affect current IP law. Maybe, just maybe, DM is waiting for the outcome of such a case (JMO).
I once was involved in a case where my attorneys advised we wait to settle because there was a case about to be decided that, if decided a certain way, would make our case bullet proof. My attorneys felt very, very strongly that the case would go "our way". Logic suggested to me it would also but it didn't. The result was that it cost me 7X more to settle after the decision.
What I'm trying to say is that there are more moving parts to this then we know and I trust DM and management to make a well informed decision as to when we go to a Markman hearing and with whom.
