You'd think they would have to adopt that posture if they are going to get through 150+ more infringers in the time frame they have laid out.
The Markman, at this point, appears to be the obvious transitional point needed to occur in order to put the pedal to the metal.
I hope you are right that several infringers opt to settle prior to the Markman outcome to minimize their exposure. DM is fully capable of leveraging that risk factor and I hope they are grinding these infringers.
10 years of infringement in billion dollar markets that continue to grow is getting old and extremely unfair...and I hope the judge sees it that way.