If DM is able to "get" the number they have in mind then there is no need for a Markman.

Ultimately it is about the dollars to the bottom line and ongoing royalty payments and the investment timing. Should the infringers sucumb at the threat of a Markman, than so be it.

i4i sued, won a $290 million decision and has gone through the appeals courts multiple times and now is headed to the Supreme Court. I prefer to avoid that scenario. i'm guessing so is DM, unless the judgement is in that neighborhood.

Bank a billion dollars and call it a day....lol.