The answer to that is the threat or immenence of a Markman hearing and the huge legal costs leading up to one, not the fact of LOSING one.

The objective is to settle, but EDig/DM will go to trial if necessary.

Also "the settlement leverage" is a must. If you do not settle with any company then how serious will other companies take your claim?

If you are suing Samsung with no settlements on the books, especially settlements from large established companies then I agree with your assessment of "why should any company settle" Just take me to Markman.

However if the same scenario is in effect and you have multiple settlements from companies who have paid large bucks and have admitted infringing (de facto) if not formally, then just what should a Samsung do???? (We are infringing, we know it, they can prove it, they have multiple cases of admitted infringing, shall we just go to a Markman hearing where we know most likely we will not prevail, or do we take the cheaper way out now and settle?

Seems pretty good logic to me and one espoused by DM and EDig