The way I understand it DM has taken the path of least resistance. My take is that both an appeal or trial would protract the process. We would likely win either but we still have the reexam which is a given. There is an opportunity to clarify and rewrite some of the issues ie sole memory etc that were the the basis of the ruling. The time line for the reexam is expected to happen during the next year An appeal or trial would likely take longer. The reexam will permit eDigital to have several employee's attend and make their case. Although this is not a slam dunk, a positive outcome will strengthen our position, Trump the Markman, and be the most expedicous way forward. No matter which course we take, the third round of infringers is hostage to the process. No additional infringers will be announced until the reexam is complete or an appeal / trial is won. I think DM has decided to settle. perhaps with the proviso of revisiting this round of infringers if the reexam (essentially overrules Marcia) supports and clarifies our patents. I think the strategy takes into account the cost of appeal / trial and the time line as it measures the best bang for the buck.
Just my thoughts. I haven't contributed much as both time and my understanding are lacking.
Larry
