So is this also a "tactic" by DM to help force settlements after discovery, when all the cards are on the table, and the defense attorneys tell their clients, "we are doomed, if we take this to a Markman, then trial and lose, be ready to pay treble damages, so if I were you, I'd not press the issue, because you have been caught hook line and sinker, so lets strike a deal before this kitchen gets any hotter."

Does this answer your question?