e.Digital

"I just wondered WHY the court would have offered some type of "observation" as to the value of the patent suit possibly being less than attorneys fees at the onset of the trial. An "observation" that a defense attorney can repeat later. "

Don't dwell on this. It's just the judge's way of prodding both sides to settle. She doesn't yet understand the "value" of our IP, and therefore, the value of the infringement claims. She also knows the average cost to prepare a case for trial vs. the average value of a win. Both sides (attorneys) know this as well. It's all part of the "game" being played by all parties involved.

A quick settlement usually means the defendant determined that the settlement was reasonably cheap compared to the cost to prepare for trial plus the cost of an unfavorable ruling. It also means that possibly the demand was low.

On the other hand, a lack of settlement may mean the demand is much higher resulting in the preparation costs being more reasonable to the defendants compared to the total risk.