These guys want to settle, well, at least some. From this it appears all are not going the distance, if any.
DM is perceived as putting forth a "complex" patent case. There is a method to the madness.
RE: "the potentially unnecessary discovery burdens"...raise the bar !
All they have to do is write the check and we will go away, and that's exactly where this looks to be headed.
Defendants’ Statement and Proposal:
Defendants believe that a claim construction order from the Court would narrow the
issues in dispute, decrease the scope of discovery necessary for trial, and likely lead to settlement or resolution of the case with respect to at least some of the Defendants. Defendants further believe that there is a significant likelihood that a claim construction order from the Court could be dispositive as to Defendants’ liability on one or both of the patents-in-suit, rendering the damages and willfulness cases moot. Accordingly, Defendants’ proposed schedule seeks phased discovery, staggering the timings of discovery on liability issues and discovery on damages and willfulness issues based on the date of the Court’s claim construction order. Defendants believe that such sequencing of discovery schedule will help streamline this complex patent case
involving a large number of defendants from all over the world and numerous accused products. Furthermore, it will minimize the potentially unnecessary discovery burdens on all parties if the Court’s claim construction order is case dispositive.
