what are the chances both efforts go to trial?? given everyone's exuberance and faith in the patents' strength, and knowing tpl's propensity to settle, i doubt both go to trial.

That is certainly a distinct possibility.. but I would prefer not to bet the farm on it.. Also, while a settlement would fix the conflict.. I'm not 100% sure I want to settle again.. anything short of a MSJ IMO would be disappointing.. Some infringer needs to have a sizeable protion of their gluteus bitten off.. Settling may have been the right move for the J3 litigation so the patents could be given their best chance at successful recertification.. settlement here, without PR'd big dollars (what'll be the chances of that lol), will be viewed as meh by the investment world.. So then we wait for the ITC.. which hopefully will (and should) yield the results we all want.. but Acer and HTC will have been let off the hook.. basically with gluteui intact.. and I don't much like the thought of that... especially since they brought the fight to us.. So IMO the denial sucks.. I would much prefer a successful ITC session and then go back to NDCali and give them Brimley's line from Absence of Malice...