"reports that the median litigation costs"

There are "costs" in the context as described....

and then there's cost with markups

"So while many of the cost-savings measures described in this paper will apply equally to the patentee or accused infringer, the patentee can mitigate a large portion of its expenses by entering into alternative fee arrangements with its counsel."

In our case, DM is gambling for the 40% cut. They are gambling by controlling their own risk....in the way of their own "direct cost".....it's not at a premium to them, so they take that risk.

e.Digital is doing the same...

doni