e.Digital

I agree, many will go all the way to Markman.

In terms of dollars, the probable settlement amounts already discussed with the smaller amounts will complete the process as even a favorable ruling would not have a significant impact on the settlement amount even with an adjustment.

If any choose to settle, I would think it would be one with a large dollar amount, based on if they feel the Markman would be unfavorable to them, and not risk adjusting the settlement upward by a factor of 2 or 3.

If the settlement discussed was in the range of 1-3 million, I would go to the Markman.

If the amount discussed was large, 5-20 million, and my chance of winning was small, I would probably settle eliminating the risk of the amount being revised to 10-50 million.

A matter of risk analysis.