I agree that there are a lot of moving parts of which we are not aware and I understand the risk of perhaps going to Markman too early.
On the other side is the time/value of money... and IMO it would have been better to complete Markman sooner than later (later likely being at least two years out now). This is especially true if it turns out that DM settled for something like $5M instead of perhaps being able to settle for $20M or more just 6-9 months from now upon a successful Markman decision - to say nothing about what that would have implied for all future infringers WITHIN the next year rather than AFTER two years or more. All of us here have taken a big risk in hopes of a big reward. At what point should we expect DM/EDIG to do the same?
I'm not willing to pass judgement yet without knowing all the facts. You are correct that WHAT HAPPENS NEXT has now become the most important question and we shouldn't have much longer to wait. As I posted yesterday, there is now a 3 month time window after which EVERYONE will know the settlement amount and judge the decision to settle accordingly. Before 11/15, I hope to see some facts that will support DM/EDIG's decision.
- Sinkman
