But, as I addressed in a prior post, if the defendants don't negotiate in good faith in mediation, our team has that big hammer, and the Judge a gaffle. A SJ in our favor would bring the defendants to their knees, and an injunction would put them six feet under.

I'm fairly convinced that our team's strategy is to hold back the motion for SJ as long as palatable to see if a reasonable (from their view) settlement can be reached. Keep in mind that the whole point of mediation is to achieve a settlement, with court oversight.

The patent dispute court system appears designed to seek remedy via settlement, thus the mandatory Markman, the mandatory mediation. And it would seem that an actual trial is the last resort IF the Markman goes "middle of the road" and mediation is thus fruitless, and neither party has the advantage. But the Markman wasn't "middle of the road" except for one claim in one of three patents (or so we believe). We have the advantage. We could file for SJ and, IMO, almost certainly prevail on the '336, probably on the '148 and maybe even on the '584.

JMHO,

SGE