Sorry to be so late responding, but was out-and-about all day after that post yesterday.

First off, re-reading my opinions and , specifically, my "mod" to the scenario being opined, I blew it.  What my intent was (that didn't come through) was a "settlement AFTER the Markman results became known" (assuming the results were easily interpretable as being strongly in out favor). This re-statement probably resolves a lot of the issues you address in your response.

However, I "get" your discussion of how such an outcome would not necessarily negate possible future litigation with infringers not currently engaged.  When I state that if this Markman outcome came about, and there were a settlement for big bucks with the J2.5/ARM, that we'd be done with "these guys" (i.e., J2.5/ARM).  But, as you point out, I recognize that there would remain the possibility of future litigation with others. But others would be a whole lot less motivated to act, other than to settle.  We'd have the known (follow-on interpretation of the) judicial interpretation (hopefully that makes sense....all would have to "interpret" the weight of the Judge's interpretation), which per the scenario would be in our favor PLUS the known (at some point - hopefully immediate) settlement amount with the J2.5/ARM (which per the scenario as I modify, would be a respectable, and impressionable, sum). Again, best of both worlds towards a very-near-term resolution of the "contraversy".  Broad interpretation of patent applicability by a respected Judge (does the of the world want to combat that "persuasive authority"?) AND a big buck settlement (indirectly strongly suggesting patent validity).  Hopefully this clarifies....   We are in total agreement that a post-Markman results settlement is truly the best for us near term (that is a big buck settlement).  IMO, second best would be a pre-Markmen settlement, but for really big bucks.  The settlement amount, if herculean, will IMO garner more attention than anything else; no second guessing, etc., "it is what it is".

And I do totally agree that a strong positive Markman result and a filing for summary judgment would be a very good thing - LONG TERM ("long" being 6 months+ out).  But in my mind, sans a settlement, this comes in third place in my "preferred outcomes" list.  It may prompt a settlement at some point downstream pre-damages litigation, but that mimics my second preferred outcome (pre-Markman settlement for really big bucks), as the "really big bucks" aspect would be the same, but later in time.  Get my drift? 

It is obvious that my preferences henge on two things: get this thing with the J2.5/ARM over with ASAP (so we can more actively engage others), and get a large pile of dollars (setting a precedent for all future settlements, indirectly validating the patents, sending a clear message to all remaining infringers).  And I honestly believe that the dollars involved will send the strongest possible message - much stronger than anything that comes out of a courtroom (unless talking damages).  Perhaps I should revise my "minimum" from $100M out of the J2.5/ARM to $200M, or $300M to clarify this position.

Coupled with my preferences, and especially the desire for huge money, is the need to discourage other infringers from going the litigation route.  I would think that a settlement for huge money from the J2.5/ARM, after a year+ of litigation, reviewing of all the facts, and weighing the risk, would discourage others from following that path.  It all henges on the money amount, IMO.

Thus, I do believe we're very close to total agreement, assuming you buy the "importance of the dollar amount" argument.  And I believe that you concur that getting this behind us ASAP will yield the better near AND long term overall result for our investment here.

This discussion of our's almost certainly hits the nail on the head of what TPL/PTSC/T&T have been constantly wrestling with, re: any ongong settlement negotiations with the J2.5/ARM. They must want to get this over with ASAP, but it has to be for a truly respectable dollar amount. And the J2.5/ARM (while preferring an out-n-out win) almost certainly want to drag this out as long a possible, and pay as little as possible. Difficult negotiations? LOL  You are right; the best near term catalyst will be the Markman result.

Sorry for another one of my "novels", and I hope my writing style/approach is easily understood. And thank you for devoting the energy to discuss.

SGE