I wonder how much new business DM is getting these days? Imagine Company X is a potential Tier 2 defendant, sees the writing on the wall and knows EDIG has them in their sights. Why not just hire DM to represent you in all IP matters under the premise that they are an outstanding law firm and you want them on your litigation team? With their plate full with so many Tier 1 defendants remaining, DM may not have identified all Tier 2 infringers yet.

Then somewhere down the line, EDIG wants to file suit against Company X for infringing the '445, '170 and/or '108 patents. DM now has a decision to make...opt out as attorney for EDIG due to already working for Company X -- or -- drop Company X and continue representing EDIG. (This scenario wouldn't work for Tier 1 cases because the 174+ defendants have already been identified.)

Perhaps EDIG/DM's plan is to save those defendants that DM has a conflict with until the end of Tier 2 litigations, then EDIG will hire new representation and file against the conflicted companies en masse.

Just some crazy thoughts from a legal layman while eating my Sunday morning cinnamon buns & coffee. Probably best to just get through Tier 1 first. ;)