Scattergun posting by some, trying to microanalyze every move EDIG and its lawyers have made thus far has proven to be meaningless pontification at best...

I like your posting of actual papers by those in the forefront of the IP litigation to make a difficult are of the law understandable to layman like US...

You are corrects in you opening comment that:...

"...but since it is DM likely deciding the strategy, I feel comfortable with their guidance.ut since it is DM likely deciding the strategy, I feel comfortable with their guidance."...

Besides saying TOUCHE I would like to note the following:...

1) There is no set formula that can be applied to every case and decision are made on that basis. Every trial lawyer worth his designation knows that "Settlements" are extremely case specific, and there are numerous factors that come into play causing the parties to settle a law suit...

2) Although, statistics remind us that the majority of Law suits "Settle", it is absurd to contend that asking for higher "Damages" is a harbinger of Jury trials and thus plaintiffs should "settle" for less. No lawyer who operated on such a ridiculous trial avoidance strategy would last that long to get the distinction of trial lawyer, or to grow to the stature of DM law firm...

3) Ultimately the question is what the "damages" in each case are, and how much dollars and c ents you can put on a blackboard for the trier of the fact to assess what they should pay the plaintiff assuming liabililty is establishes...

And whether the case will cost two million to take through a jury trial, or there will be request for a USPTO review, have next to zilch effect on the attorney's decision to go ALL THE WAY to the U.S. Supreme Court provided in their assessment the possible DAMAGES will far exceed any possible additional inconveience by going all the way...

And as you astutly said, "...I AM COMFORTABLE WITH (decisions) DM MAKES."...

They know what they are doing, and it took them a year to run EDIG's case through various Committees of their senior partners before decising they would represent EDIG...

Good Luck to all...

Gil...

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