You note:

"The offset is that the only dates set from the lawsuits is in calendar year 2010, making fiscal 2009 a difficult challenge and presently a low probability of a success."...

The sentence assumes that there will not be ANY settlements during the 2009...

Federal Procedure mandates that the parties aggressively follow up with Arbitration, Mediation, etc. during the rest of 2008 and 2009 and report to the Court...

That is one reason the Markman was set in 2010, to give the parties to actively follow up with settlement activity...

Recalling the fact that settlement through Arbitration and Mediation is one of the strong suits of DM, it is highly unlikely that we shall go through the next year and a half without any "Settlements"...

Accordingly, we are left with with your first premiss which states...

"...to achieve growth over 2008, we would have to see a positive settlement, and much of the income, some would pay for operational expendes, would go directly to the bottom line."

I strongly uspect that company shall achieve "Growth" because there shall be "Settlements" in the interval of a year and a half...

GLTA

Gil...