Actually LL, there are two active litigations and two Markman Hearings set. As it stands now, the Samsung et al Markman is set for Feb 2010 and the Vivitar Markman for May 2010. The Court may decide to consolidate the two Markman's but that hasn't happened yet.

My guess is DM/EDIG have decided they purposefully won't settle with one defendant (say Avid) in order for the Markman to occur as scheduled. If I were DM/EDIG, and I had several early settlements to fill my coffers and boost my confidence in winning a Markman, that's what I'd do.