TED , I feel your frustration . Unfortunately or fortunately nobody knows the

DM strategy in regard to infringers litigation approach . In SHM i asked same

question from two management team and got no solid response . But one of them

directed me to cross - license and its importance in future.The other comment was

their legal representative came so forcefully that left DM no choice but go for

MARKMAN HEARING just from begining , but they (DM) changed the tactic and

went for cross-license and settlement . As NUNNALY commented there will be

definitely MARKMAN HEARING in near term with one (or a GROUP) in horizon.

As i said in past (just my own opinion)the coming 19 defendent litigation is the most

important timing and outcome in historyof e.DIGITAL. I will be more than happy if

they decide as a group defendant.My optimistic view on coming IP litigation by DM

is based upon previously posted article, that DM usually do not accept a

contingency case before months thorough investigation and expedite due

diligence ,and if commited to accepet the case it should have more than75

percent success rate .The article " Report on New Patent Litigation" shows

collecting information on about patent holder success rate with 2/3 win rate at trial.

By looking at annual median damages award and number of infringers on waiting list

if you are reasonably optimistic can guess the amount of damages award in this

regard.As said it takes patience , it takes commitment , and it comes with plenty of

failure along the way. PATIENCE IS A VIRTUE